TITLE – Madhuri Versus Lalit Shankarlal Gangvani
Decided On-: August 22, 2023
304 of 2023
CORAM: Hon’ble Justice Mr. J.C Doshi
INTRODUCTION-
In this petition filed under section 24 of the Civil Procedure Code, 1908, the petitioner has prayed to transfer Family Suit No. 102 of 2022 pending before the learned 6 Addl. Senior Civil Judge, Gandhidham – Kachchh to learned Family Court, Jamnagar inter alia on the ground of convenience.
FACTS OF THE CASE
According to Hindu law, the petitioner and respondent were legally wed on December 7, 2011, at Gandhidham. This is the case of the petitioner, who is the respondent’s wife in this case. It is claimed that they have one child, named “Prakash,” who is living with the mother of the petitioner, who was born out of wedlock. Since then, the petitioner-wife has lived with the respondent-husband as the respondent’s legally wedded wife; however, after some time, the respondent and his family members began demanding dowry from the petitioner and her parents, which the petitioner’s parents were unable to manage; as a result, the respondent-husband & his family members began harassing the petitioner, and the petitioner has been driven out of her home.
The petitioner claims she was harassed by the respondent’s in-laws, including the petitioner’s husband, the respondent in this case, and that she was evicted from the home as a result.
COURT ANALYSIS AND DECISION
A knowledgeable attorney for the petitioner would argue that Gandhidham and Jamnagar are separated by 250 km. The petitioner must travel from Jamnagar to Gandhidham on every date in order to attend the proceedings, which is quite inconvenient for the petitioner. He would contend that the petitioner is only requesting the transfer of the Family Suit due to the inconvenience she is experiencing. The petitioner’s knowledgeable attorney would also argue that, in the event that the family lawsuit is transferred from the Civil Court in Gandhidham to the Family Court in Jamnagar, the petitioner should forego requesting reimbursement for the transportation costs she incurred to attend the proceedings. He asked for the petition to be approved in light of these submissions.
Due to the aforementioned peculiar facts and circumstances as well as the preceding factors, this petition merits consideration. Consequently, the petition is approved.
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Written by- Steffi Desousa
