caselaws
Supreme Court of India
Bhartiben Ravibhai Rav vs Ravibhai Govindbhai Rav on 5 May, 2017Author: R Banumathi
Bench: Kurian Joseph, R. Banumathi
|NON REPORTABLE |
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 350 OF 2017
BHARTIBEN RAVIBHAI RAV
…Petitioner
Versus
RAVIBHAI GOVINDBHAI RAV …Respondent
O R D E R
R. BANUMATHI, J.
This transfer petition filed under Section 25 of Code of Civil
Procedure for transfer of H.M.P. No.1668 of 2015 titled as ‘Ravibhai
Gobindbhai Rav versus Bhartiben Ravibhai Rav’ pending before the Family
Court Judge, Ahmedabad at Gujarat to the Court of Competent Jurisdiction at
Dungarpur, Rajasthan.
2. The marriage between the petitioner and the respondent was solemnized
on 19.02.2006 and the couple was blessed with two sons namely Meshvasinh
and Aeshvasinh who are aged eight years and seven years respectively. The
relationship between the couple was strained and it is alleged that in
September, 2015 the petitioner-wife was thrown out of her matrimonial
house. The respondent-husband filed divorce petition being H.M.P. No.1668
of 2015 before the Family Court, Ahmedabad under Section 13(1) of the Hindu
Marriage Act, 1955 of which the petitioner-wife seeks transfer.
3. The transfer petition is strongly objected to by the respondent-
husband on the ground that he is employed in Ahmedabad and that he is
taking care of his two sons, apart from his aged parents. The petitioner-
wife, on the other hand, contends that the distance between Ahmedabad and
her place Dungarpur, Rajasthan is about 200 kms. and that she finds it
difficult to travel to Ahmedabad to contest the divorce petition. That
apart, the petitioner-wife has also raised difficulty in pursuing the
Divorce Petition in Ahmedabad because of the language problem, as she is
not well-acquainted in Gujarati.
4. Apart from divorce petition, there are other proceedings pending
between the parties which have been filed by the petitioner-wife at
Dungarpur, Rajasthan viz; (i) FIR under Section 498-A and 406 IPC and under
Section 4 of The Dowry Prohibition Act; (ii) Petition under Section 125
Cr.P.C. before the Family Court, Dungarpur, Rajasthan and (iii) petition
under Sections 12 and 23 of Protection of Women from Domestic Violence Act,
2005 pending before the Chief Judicial Magistrate, Dungarpur, Rajasthan.
It is stated that respondent-husband is already appearing in Dungarpur
Court, Rajasthan in connection with the aforesaid cases instituted by the
petitioner-wife and that it may not be difficult for respondent-husband to
pursue the divorce petition in Dungarpur Court, Rajasthan. Considering the
facts and circumstances of the case, we feel that the petition could be
transferred to Dungarpur, Rajasthan.
5. This petition is allowed. We make it clear that we have not
expressed any opinion on the merits of the matter.
6. The Family Court Judge, Ahmedabad, Gujarat is directed to transmit
records pertaining to HMP No.1668/2015 to District Judge, Dungarpur,
Rajasthan, who shall transmit the case to Family Court, Dungarpur,
Rajasthan (if there is a Family Court) or forward the same to the Court of
competent jurisdiction.
7. On the case being transferred, to Dungarpur, Rajasthan, if need be
sufficient security be provided to either of the parties, on an application
made before the Court.
………………………….J.
[KURIAN JOSEPH]
.………………………..J.
[R.
BANUMATHI]
New Delhi;
May 05, 2017.
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