Case Note & Summary
The applicant-wife, Deepa, married the respondent-husband, Madhav, on 20.11.2021 as per Hindu rites. After marriage, she alleged harassment by the husband and his family. She filed a Criminal Misc. Application No.472 of 2024 under Section 125 of the Code of Criminal Procedure, 1973 before the Family Court at Gandhidham, Kachchh, seeking maintenance. She also filed a complaint under Section 498-A of the Indian Penal Code at Gandhidham. The husband filed Family Suit No.3395 of 2024 before the Family Court, Ahmedabad, seeking divorce under Section 13(1) of the Hindu Marriage Act, 1955. The wife then filed the present application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of the divorce suit from Ahmedabad to Gandhidham. She argued that she resides with her aged parents in Gandhidham, has no independent income, and is dependent on her parents. She contended that it would be difficult for her to travel to Ahmedabad to defend the divorce suit, especially since she has pending maintenance proceedings at Gandhidham. The husband opposed the transfer, but the Court, after hearing both sides, found that the balance of convenience was in favor of the wife. The Court noted that the wife's maintenance proceedings under Section 125 CrPC were pending at Gandhidham, and it would be in the interest of justice to try both matters together to avoid multiplicity of proceedings. The Court also considered the wife's financial dependence and the distance between Gandhidham and Ahmedabad. Consequently, the Court allowed the application and directed the transfer of Family Suit No.3395 of 2024 from the Family Court, Ahmedabad to the Family Court, Gandhidham, Kachchh. Rule was made absolute with no order as to costs.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 Code of Civil Procedure, 1908 - Convenience of Wife - The wife sought transfer of divorce proceedings filed by the husband from Family Court, Ahmedabad to Family Court, Gandhidham, Kachchh. The Court held that the wife's convenience, her lack of income, dependence on aged parents, and pending maintenance proceedings at Gandhidham warranted transfer to avoid multiplicity of proceedings and hardship. (Paras 1-7) B) Family Law - Divorce - Section 13(1) Hindu Marriage Act, 1955 - Transfer of Proceedings - The husband filed a divorce suit under Section 13(1) of the Hindu Marriage Act, 1955 at Ahmedabad. The Court transferred the suit to Gandhidham, noting that the wife had already initiated maintenance proceedings under Section 125 CrPC and a complaint under Section 498-A IPC at Gandhidham, and it would be convenient to try all matters together. (Paras 5-7)
Issue of Consideration
Whether the divorce suit filed by the husband at Ahmedabad should be transferred to the Family Court at Gandhidham (Kachchh) for the convenience of the wife, who resides there and has pending maintenance proceedings.
Final Decision
The application is allowed. Family Suit No.3395 of 2024 pending before the learned Family Court, Ahmedabad is ordered to be transferred to the learned Family Court, Kachchh at Gandhidham. Rule is made absolute. No order as to costs.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- pending maintenance proceedings
- balance of convenience
- Section 13(1) Hindu Marriage Act
- 1955
- Section 125 CrPC
