Case Note & Summary
The applicant-wife filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Family Suit No.28 of 2025 filed by the respondent-husband from the learned Family Court, Modasa, District-Aravalli to the learned Family Court, Khambhat, District-Anand. The marriage was solemnized on 21.05.2016, and two children were born. Due to cruelty and unacceptable behavior by the respondent's family, the applicant-wife has been living separately at Tarapur, District Anand since 2020 with her children. She had previously filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the learned Family Court, Khambhat in 2020, which was numbered as Criminal Miscellaneous Application No.36 of 2020. The respondent appeared and contested that application, and was directed to pay monthly maintenance of Rs.11,000/- to the applicant and her children. Subsequently, the respondent-husband filed Family Suit No.28 of 2024 (later corrected to 2025) before the learned Family Court, Modasa, Aravalli for a decree of divorce. The applicant sought transfer of this suit to Khambhat. The learned advocate for the applicant submitted that the distance between Tarapur, District Anand and Modasa, District Aravalli is approximately 150 kilometers one way, making it very difficult for the applicant-wife to travel and attend court proceedings at Modasa. The court considered the submissions and noted that the applicant-wife has already initiated proceedings under the Domestic Violence Act at Khambhat, and that the distance of 150 km one way would cause hardship. The court held that it is in the interest of justice to transfer the suit to Khambhat to avoid multiplicity of proceedings and to enable the wife to effectively defend the suit. The court allowed the application and directed the transfer of Family Suit No.28 of 2025 from the Family Court, Modasa to the Family Court, Khambhat. The court also directed the Family Court, Modasa to transmit the records to the Family Court, Khambhat within four weeks.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 Code of Civil Procedure, 1908 - Transfer of Suit - Wife sought transfer of divorce suit filed by husband from Family Court, Modasa to Family Court, Khambhat on grounds of distance (150 km one way) and pre-existing proceedings under Domestic Violence Act at Khambhat - Court allowed transfer considering hardship to wife and convenience of justice - Held that transfer is necessary to avoid multiplicity of proceedings and to enable wife to effectively defend the suit (Paras 1-6).
Issue of Consideration
Whether the divorce suit filed by the husband at Modasa should be transferred to Khambhat where the wife resides and has already initiated proceedings under the Domestic Violence Act.
Final Decision
Application allowed. Family Suit No.28 of 2025 pending before learned Family Court, Modasa, District-Aravalli is ordered to be transferred to learned Family Court, Khambhat, District-Anand. The learned Family Court, Modasa is directed to transmit the records of the case to the learned Family Court, Khambhat within four weeks.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- pre-existing proceedings at transferee court
- distance as hardship
