Case Note & Summary
The present application was filed under Section 24 of the Code of Civil Procedure, 1908 by the applicants, Ankita Hardikkumar Raninga and another, seeking transfer of Family Suit No.108 of 2025 from the learned Principal Judge, Family Court at Veraval, District Gir-Somnath to the Family Court at Botad. The applicants are the widow and her minor child. The applicant No.1 married the respondent's son on 17.01.2019 at Rajkot, and a son was born from the wedlock. The husband of applicant No.1 passed away on 28.02.2022, after which she was allegedly harassed by her in-laws. She filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 read with Sections 18, 19, 20, 22 and 23 before the learned 4th Chief Judicial Magistrate & Additional Senior Civil Judge, Botad. Subsequently, the respondent filed Application No.108 of 2025 under Section 7 of the Guardians and Wards Act, 1890 before the learned Family Court, Gir Somnath @ Veraval, which is pending. The applicants sought transfer of those proceedings. The respondent filed an affidavit-in-reply dated 06.03.2026 opposing the transfer. The learned advocate for the applicants submitted that the applicant No.1 resides at Botad with her minor child and has to travel to Veraval for each hearing, which is inconvenient. The Court considered the submissions and the fact that the applicant has a pending domestic violence case at Botad. The Court held that the balance of convenience is in favour of the applicants, as the respondent can travel to Botad. Accordingly, the Court allowed the application and directed the transfer of Family Suit No.108 of 2025 from the Family Court at Veraval to the Family Court at Botad.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 Code of Civil Procedure, 1908 - Convenience of Parties - The applicants sought transfer of a guardianship suit from Veraval to Botad, citing that the applicant-widow resides in Botad with her minor child and has pending domestic violence proceedings there. The Court allowed the transfer, holding that the balance of convenience lies in favour of the applicants, as the respondent can travel to Botad. (Paras 1-6)
Issue of Consideration
Whether the Family Suit No.108 of 2025 pending before the Family Court at Veraval should be transferred to the Family Court at Botad for the convenience of the applicants.
Final Decision
The application is allowed. Family Suit No.108 of 2025 pending before the learned Principal Judge, Family Court at Veraval, District Gir-Somnath is ordered to be transferred to the Family Court at Botad. The Family Court at Botad is directed to proceed with the suit in accordance with law.
Law Points
- Transfer of suit under Section 24 CPC
- convenience of parties
- balance of convenience
- pendency of related proceedings at transferee court
