BHARTIBEN RAVIBHAI RAV Vs. RAVIBHAI GOVINDBHAI RAV

Supreme Court of India (Division Bench (DB)- Two Judge)

Transfer Petition (Civil), 350 of 2017, Judgment Date: May 05, 2017

                                                             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.