Case Note & Summary
The applicant-wife, Kavita Rameshbhai Manvani, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No.29 of 2025 filed by her husband, Rameshbhai Antray Manvani, from the Family Court, Valsad to the Family Court, Ahmedabad. The parties married on 14.12.2002 and have two sons aged 19 and 17. Due to alleged harassment, the wife has been living separately for over three years. She previously filed a maintenance application under Section 125 CrPC (Criminal Misc. Application No.1989 of 2022) before the Family Court, Ahmedabad, which was rejected, and a revision against that rejection is pending before the High Court. She also filed a complaint under the Protection of Women from Domestic Violence Act, 2005 (Criminal Misc. Application No.6372 of 2022) before the Chief Judicial Magistrate, Ahmedabad, and an FIR under Sections 498-A and 323 IPC at Naroda Police Station, Ahmedabad. The husband filed Family Suit No.29 of 2025 for restitution of conjugal rights at Valsad. The wife argued that she resides in Ahmedabad, has no independent income, and it is difficult for her to travel to Valsad to defend the suit. The Court, after hearing the wife's counsel and noting that the husband was served but did not appear, found that the balance of convenience lies in favour of the wife. The Court allowed the application, transferring the suit from Valsad to Ahmedabad, and directed the Family Court, Ahmedabad to expedite the hearing. The Court also directed the Family Court, Valsad to transmit the records within four weeks.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of Code of Civil Procedure, 1908 - Convenience of Wife - The applicant-wife sought transfer of Family Suit No.29 of 2025 from Family Court, Valsad to Family Court, Ahmedabad. The Court considered that the wife resides at Ahmedabad, has filed multiple proceedings including a maintenance application under Section 125 CrPC, a complaint under the Domestic Violence Act, and an FIR under Sections 498-A, 323 IPC, all pending at Ahmedabad. The husband's suit for restitution of conjugal rights was filed at Valsad. The Court held that the balance of convenience lies in favour of the wife and transferred the suit to Ahmedabad to avoid multiplicity of litigation and hardship to the wife. (Paras 1-7)
Issue of Consideration
Whether the Family Suit No.29 of 2025 pending before the Family Court, Valsad should be transferred to the Family Court, Ahmedabad on the ground of convenience of the wife and pendency of other litigations at Ahmedabad.
Final Decision
The application is allowed. Family Suit No.29 of 2025 pending before the Family Court, Valsad is transferred to the Family Court, Ahmedabad. The Family Court, Valsad is directed to transmit the records and proceedings to the Family Court, Ahmedabad within four weeks. The Family Court, Ahmedabad is directed to expedite the hearing of the suit. Rule is made absolute.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- pendency of multiple proceedings at one place
- balance of convenience
Case Details
2026 LawText (GUJ) (03) 804
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2879 of 2025
Kavitaben Rameshbhai Manvani
Rameshbhai Antray Manvani
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Nature of Litigation
Application under Section 24 of the Code of Civil Procedure, 1908 for transfer of a family suit from one Family Court to another.
Remedy Sought
The applicant-wife seeks transfer of Family Suit No.29 of 2025 from the Family Court, Valsad to the Family Court, Ahmedabad.
Filing Reason
The wife resides in Ahmedabad, has multiple pending litigations there, and finds it difficult to travel to Valsad to defend the suit filed by the husband.
Previous Decisions
The wife's maintenance application under Section 125 CrPC was rejected by the Family Court, Ahmedabad; a revision against that rejection is pending before the High Court.
Issues
Whether the Family Suit No.29 of 2025 should be transferred from Valsad to Ahmedabad on grounds of convenience and pendency of other proceedings.
Submissions/Arguments
The applicant-wife submitted that she resides in Ahmedabad, has no independent income, and has to take care of her children. She has filed multiple proceedings at Ahmedabad, including a maintenance application, a domestic violence complaint, and an FIR. It is difficult for her to travel to Valsad to defend the suit. The balance of convenience lies in her favour.
Ratio Decidendi
In matrimonial disputes, the convenience of the wife is a paramount consideration, especially when she has multiple pending proceedings at one place and the husband's suit is filed at a distant location. The balance of convenience lies in favour of the wife to avoid multiplicity of litigation and hardship.
Judgment Excerpts
By way of the present application under Section 24 of the Code of Civil Procedure, 1908, the applicant-wife seeks transfer of proceedings of Family Suit No.29 of 2025 filed by the respondent–husband pending before learned Family Court, Valsad to learned Family Court, Ahmedabad.
Learned advocate for the applicant-wife has submitted that the applicant-wife is residing at Ahmedabad and she has to take care of her children. She has no independent income. She has filed various proceedings at Ahmedabad. It would be difficult for her to travel to Valsad to defend the suit.
Procedural History
The applicant-wife filed Criminal Misc. Application No.1989 of 2022 under Section 125 CrPC before the Family Court, Ahmedabad, which was rejected. She filed Criminal Revision Application No.1625 of 2025 before the High Court, which is pending. She also filed Criminal Misc. Application No.6372 of 2022 under the Domestic Violence Act before the Chief Judicial Magistrate, Ahmedabad, and lodged FIR No.1191035220739 at Naroda Police Station, Ahmedabad under Sections 498-A, 323 IPC. The husband filed Family Suit No.29 of 2025 for restitution of conjugal rights before the Family Court, Valsad. The wife then filed the present transfer application under Section 24 CPC.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Code of Criminal Procedure, 1973: Section 125
- Protection of Women from Domestic Violence Act, 2005:
- Indian Penal Code, 1860: Sections 498-A, 323
