MCA/1229/2001 of REKHABEN AMBALAL SEJPAL Vs DILIPKUMAR BHIKHALAL VYAS on 9 December 2002

1. Whether Reporters of Local Papers may be allowed : NO

to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?

-------------------------------------------------------------- REKHABEN AMBALAL SEJPALVersus DILIPKUMAR BHIKHALAL VYAS -------------------------------------------------------------- Appearance: 1. Misc.Civil Application No. 1229 of 2001 MR MTM HAKIM for Petitioner No. 1 DHARMESH D NANAVATY for Respondent No. 1

-------------------------------------------------------------- CORAM : MR.JUSTICE P.B.MAJMUDAR

Date of decision: 09/12/2002

ORAL JUDGEMENT

#. This is an application by the wife for transferring Hindu Marriage Petition No.9 of 2000, which is pending in the court of the Civil Judge (Senior Division), Porbandar to the court of the Civil Judge (Senior Division), Vadodara. The case of the wife is that, it is difficult for her to travel at Porbandar. It is submitted that the petitioner is having aged mother and it is difficult for her to leave her alone for the purpose attending the court proceedings at Porbandar.

#. This application is resisted by the respondent-husband on the ground that, he is a practising doctor and it will not be possible for him to attend the court proceedings at Vadodara and instead of asking him to go to attend the court proceedings at Vadodara, the wife can very well go at Porbandar for the purpose of attending the court proceedings. It is submitted that, the husband can provide expenses which might be incurred for the purpose of attending the court proceedings at Porbandar.

#. I have heard both the sides.

#. Considering the difficulties exhibited by the petitioner in her application, especially, when she has aged mother, it would be just and proper if the respondent-husband may attend the court at Vadodara for the purpose of disposing H.M.P.No.9 of 2000, which is instituted by him in the court of the Civil Judge (Senior Division) at Porbandar. Considering the facts and circumstances of the case, H.M.P.No.9 of 2000, which is pending in the court of the Civil Judge (Senior Division), Porbandar is ordered to be transferred to the court of the Civil Judge (Senior Division), Vadodara. It is submitted by Mr.Hakim that the petitioner - wife has also filed H.M.P.No.115 of 2000 for restitution of conjugal rights. If that be so, after such transfer the Court at Vadodara shall dispose of both the petitions together, i.e. one which is filed by the petitioner, being H.M.P.No.115 of 2000, and the another, being H.M.P.No.9 of 2000, which is filed by the respondent, expeditiously and within a period of six months from today without undue delay, so that, such proceeding may not be allowed to remain pending for a long time.

#. This MCA is allowed. Rule is made absolute to the aforesaid extent with no order as to costs.

�����(P.B.Majmudar,J) (pathan)