Friday, October 10, 2014

doctr wife to hubby,,.. pay me 50 lakhs or else i'll get case transferred 300 Km, 9 hours away !! result, she gets ccase transferred !!


IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

MISC.CIVIL APPLICATION (FOR TRANSFER) NO. 2128 of 2014

****************************************************************
DR.SWIM PARITOSH PARMAR....Applicant(s)
Versus
DR. PARITOSH D PARMAR....Opponent(s)
****************************************************************
Appearance:
MR MEHUL M MEHTA, ADVOCATE for the Applicant(s) No. 1
MR DIPAL R RAVAIYA, ADVOCATE for the Opponent(s) No. 1
****************************************************************

CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI

Date : 16/09/2014

ORAL ORDER

1.This Miscellaneous Civil Application is filed with the following prayer :-

"Be pleased to allow this application and further be pleased transfer Family Suit No.11/2014 filed before the Ld. Family Judge Court, Junagadh to the any competent civil court having jurisdiction at Gandhidham-Kutch.

2.On 07.08.2014 after hearing the learned Advocate for the applicant, the Court issued rule making it returnable on 03.09.2014.

3.On service of Rule, learned Advocate Mr. Dipal R. Ravaiya appears for the respondent. On the last date of hearing, i.e. 10.09.2014, the Court passed the following order :-

"Learned Advocate for the parties are to explore the possible of amicable settlement including that of divorce on husband paying permanent alimony to the tune of Rs.50,00,000/- to the wife.

Learned advocate Mr. Mehul Mehta to take instructions in the matter. "

4.Learned Advocate Mr. Dipal R. Ravaiya states that he has ascertained from his client and his client is ready to pay Rs.12,00,000/= (Rupees Twelve Lacs Only).

5.Without going into the merits of the matter, on the sufficiency of the amount, this Court examines the matter only for the prayer sought for in this Miscellaneous Civil Application.

6.Learned Advocate invited the attention of the Court to Paragraph 2 which reads as under :-

"2. The brief facts giving rise to the present petition are as under.

2.1 That the applicant is the legally wedded wife of the present respondent and the marriage took place between them at Junagadh as per Hindu rites and customs in presence of all relatives and friends.

2.2. That before the marriage, the respondent and applicant were doing study together in medical education field at Ahmedabad and they got married to each other on DT : 20/05/2009.

2.3 That after the marriage, the applicant got pregnant and she delivered baby girl child on 24/11/2011, and stayed sometime in Junagadh and due to post delivery physical complications applicant alongwith newly born baby was compelled to return to her parental home at Gandhidham and undergone the medical treatment including surgery. Since then applicant alongwith baby are staying at her parental home at Gandhidham and it is submitted that respondent had not bother to take care of applicant as well as the baby child so far.

2.4 That the applicant respectfully submits that since the respondent failed to take care and neglected the applicant as well as the baby child during the period of her sickness even thereafter inspite of many efforts by the applicant, as such the applicant is compelled to take employment in Tolani Eye Hospital and Research Center, Adipur w.e.f. 27/07/2012 situated within the vicinity of the residence so as to take care of the day to day need of the baby child as well as the applicant old age parents.

2.5 That the applicant respectfully submits that to the utter surprise of the present applicant, respondent husband had filed Family Suit No.11/2014 before the learned Family Court at Junagadh u/s. 13 of the Hindu Marriage Act for obtaining divorce from applicant. Annexed herewith and marked collectively as Annexure - A are the copies of the notice of trial court and the Memo Family Suit No.11/2014.

2.6 That as the applicant is presently working as an Eye Surgeon with the above said Trust Hospital at Adipur. It is submitted that the hospital is managed by single Doctor the applicant and the duty of the applicant is from 9 to 7 with a break of around 2 hours and all the indoor, outdoor and emergency patients are required to the attended and treated by the applicant round the clock. It is submitted that the applicant is able to manage her daily schedule as the distance between the residence and the hospital is around 1 km.

2.7 That the applicant respectfully submits that applicant's daughter is of tenderage of around 2 & ½ years and applicant is required to look after her and take care of all her needs and simultaneously the applicant has to discharge her duty as stated above. The applicant further submits that her father and mother are old age and his father is living retired life and therefore it is very difficult for applicant to leave her parental home for even one day to attend the legal proceedings filed by the Respondent at Junagadh, which is situated at around 400 k.m. faraway from Gandhidham.

2.8 That the applicant respectfully submits that the Junagadh is not connected with the rail head directly. It is submitted that even no connected trains are easily available to reach to Junagadh and one has to wait for long time to get connected train to reach to Junagadh from Gandhidham. It is submitted that the only road transportation is available which takes around 7 to 10 hours to reach to Junagadh from Gandhidham. It is further submitted that the applicant alongwith her baby child of 2 & ½ years has to travel in day time to reach to Junagadh for attaining the divorce legal proceeding instituted by the respondent. The applicant required minimum 3 days time to attend one legal proceeding at Junagadh, which will create tremendous strain, difficulty and health hazards to the applicant as well as to the baby child and it will not be possible for the applicant to take leave for 3 days for each attendance at the family court.
Besides, travelling by public transport will expose the baby child in regard to her health. Secondly the applicant has to travel all alone with her baby child as her parents due to their old age are unable to travel along with the applicant.

2.9 That the applicant submits that during the hearing of the application, conciliation or by parted negotiations shall take place between the parties and the applicant has apparition that she may lose the opportunity of settlement without the presence, guidance and support of her parents.

2.10 That the applicant respectfully submit that if the legal proceedings for divorce filed by respondent husband is transferred to Gandhidham-Kutch Court then, respondent will not face any kind of hardship or inconvenience viz-a-viz the applicant, as he is not having any kind of onerous responsibility and in addition to that, respondent being male, it should not be difficult for him to attend the legal proceedings at Gandhidham-Kutch, which is actually initiated by him.

2.11 That the applicant respectfully submits that applicant is residing with her old aged parents at Gandhidham- Kutch, and her old aged parents are ailing with various kinds of diseases and therefore they are dependent on the applicant for daily routine activity as well as medication. Therefore also, considering this aspect, applicant's presence is required at Gandhidham-Kutch all the time."

7.Heard learned Advocates for the parties.

8.This Miscellaneous Civil Application is allowed and prayer sought for is granted.

9.Family Suit No.11/2014 filed before the learned Family Judge, Junagadh is ordered to be transferred to the Civil Court having jurisdiction at Gandhidham - Kutch. Rule made absolute.

Sd/-

(RAVI R. TRIPATHI, J.)

CAROLINE



*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or http://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/  FOR 100s of high court and supreme court cases
  
  
regards
  
Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist