Case Note & Summary
The applicant, Varsha Chandubhai Rathod, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 318 of 2025 from the Family Court at Gandhinagar to a competent court at Rajkot. The marriage between the parties was solemnized on 15.07.2024 as per Hindu rites. Disputes arose, leading to the wife filing a Maintenance Application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Cr.M.A. No. 307 of 2025) before the JMFC, Rajkot, a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in March 2025, and an FIR under Sections 85, 115(2), 352, and 54 of the Bharatiya Nyaya Sanhita, 2023 at Mahila Police Station, Rajkot on 10.04.2025. The husband, Jignesh Kishorbhai Pabari, filed a suit under Sections 11 and 12 of the Hindu Marriage Act, 1955 before the Family Court at Gandhinagar seeking declaration of the marriage as void. The wife, residing at Rajkot with her parents and having no independent means, contended that it was extremely inconvenient and financially burdensome for her to travel to Gandhinagar to defend the suit, especially given the pendency of multiple proceedings at Rajkot. The court, after hearing the applicant's counsel (respondent served but absent), found that the balance of convenience was in favor of the wife. The court noted that the wife had already initiated several proceedings at Rajkot and that requiring her to travel to Gandhinagar would cause undue hardship. The court allowed the application, transferring Family Suit No. 318 of 2025 from the Family Court, Gandhinagar to the Family Court, Rajkot, or any other competent court at Rajkot, with a direction to the transferee court to decide the suit on its own merits without being influenced by any observations made in the order.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 CPC - Transfer on Grounds of Convenience - Wife sought transfer of Family Suit from Gandhinagar to Rajkot where she resides and where multiple proceedings (maintenance, domestic violence complaint, FIR) are pending - Court held that it is just and proper to transfer the suit to avoid inconvenience and hardship to the wife, especially when she has no independent income and has to travel long distance - Held that transfer is necessary to ensure effective access to justice and to avoid multiplicity of litigation (Paras 1-5).
Issue of Consideration
Whether the Family Suit filed by the husband at Gandhinagar should be transferred to Rajkot where the wife resides and where other proceedings are pending.
Final Decision
The application is allowed. Family Suit No. 318 of 2025 pending before the learned Family Court, Gandhinagar is ordered to be transferred to the learned Family Court, Rajkot or any other competent court at Rajkot. The transferee court shall decide the suit on its own merits without being influenced by any observations made in this order.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- multiple proceedings at one place
- avoidance of multiplicity of litigation
- protection of women
