Case Note & Summary
The applicant, Urvashiben Vipulkumar Prajapati, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No.479 of 2025 from the Family Court, Gandhinagar to the Family Court, Ahmedabad. The marriage between the applicant and the respondent was solemnized on 30.11.2008 at Ranip, Ahmedabad, and a son was born who stays with the respondent. Due to disputes, the applicant left the matrimonial home and resides at her parental home. The applicant has filed several criminal miscellaneous applications (Nos.481/2011, 2318/2023, 2319/2023, 214/2018, 1423/2023, 564/2025, 188/2026) and BNSS No.3767/2025 against the respondent, all pending before the Family Court, Ahmedabad. The respondent filed Family Suit No.479/2025 seeking divorce under Section 13(1) of the Hindu Marriage Act, 1955, before the Family Court, Gandhinagar. The applicant sought transfer on grounds of convenience and health issues (eye vision, thyroid) making travel from Ahmedabad to Gandhinagar (35 km one way) difficult. The court, after hearing learned advocate Ms. Tejal K. Shah for the applicant, noted that the distance is not substantial but considered that multiple proceedings between the parties are already pending in Ahmedabad and that the applicant's health concerns warranted transfer. The court allowed the application, transferring Family Suit No.479/2025 from the Family Court, Gandhinagar to the Family Court, Ahmedabad, and directed the transferee court to decide the suit expeditiously in accordance with law.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of the Code of Civil Procedure, 1908 - Transfer of Suit - The applicant-wife sought transfer of divorce suit filed by husband from Gandhinagar to Ahmedabad citing health issues and multiple pending cases in Ahmedabad - Court allowed transfer considering convenience of wife and that several other proceedings between parties were pending in Ahmedabad - Held that transfer is necessary to avoid multiplicity and hardship (Paras 1-6).
Issue of Consideration
Whether the Family Suit No.479 of 2025 pending before the Family Court, Gandhinagar should be transferred to the Family Court, Ahmedabad on the ground of convenience and health of the applicant-wife.
Final Decision
The application is allowed. Family Suit No.479 of 2025 pending before the learned Family Court, Gandhinagar is ordered to be transferred to the learned Family Court, Ahmedabad. The learned Family Court, Ahmedabad is directed to decide the suit as expeditiously as possible in accordance with law.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- health grounds
- multiple pending cases at one place
