Case Note & Summary
The applicant wife, Punitaben Hetalkumar Mavadiya, filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No.178 of 2025, filed by her husband Hetalkumar Pravinchandra Mavadiya for divorce, from the Family Court at Jamnagar to the Family Court at Mithapur, Okha. The parties were married on 30 May 2013 as per Hindu rites and have a son aged about 12 years. They have been living separately for over 10 years. The wife had previously filed Criminal Misc. Application No.131 of 2024 under Section 125 of the Code of Criminal Procedure, 1973, for maintenance before the Family Court, Okha, and Criminal Misc. Application No.278 of 2023 under the Protection of Women from Domestic Violence Act, 2005, before the Principal Civil Judge, Okha. The husband then filed the divorce suit at Jamnagar. The wife contended that the distance between Jamnagar and Okha is approximately 170 km one way, and she has to care for her minor son and senior citizen parents, making it difficult to travel to Jamnagar. The Court, after hearing both sides, found that the balance of convenience is in favor of the wife. The Court noted that the wife has pending proceedings at Okha and that the husband can conveniently travel to Okha. Accordingly, the Court allowed the application and transferred Family Suit No.178 of 2025 from the Family Court, Jamnagar, to the Family Court, Mithapur, Okha, for disposal in accordance with law. Rule was made absolute with no order as to costs.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of Code of Civil Procedure, 1908 - Convenience of Wife - The wife sought transfer of divorce suit from Jamnagar to Okha, citing distance of 170 km, her responsibility to care for minor son and senior citizen parents, and pending maintenance and domestic violence cases at Okha. The Court held that the balance of convenience is in favor of the wife and transferred the suit to Okha. (Paras 1-6) B) Family Law - Divorce - Transfer of Suit - Convenience of Wife - The Court considered that the wife has to travel 170 km one way to attend proceedings at Jamnagar, which would cause hardship. The husband's suit for divorce was filed after the wife's maintenance and domestic violence cases, and the Court found it appropriate to transfer the suit to Okha to avoid multiplicity of proceedings and inconvenience to the wife. (Paras 4-6)
Issue of Consideration
Whether the divorce suit filed by the husband at Jamnagar should be transferred to Okha for the convenience of the wife, who has filed maintenance and domestic violence cases at Okha.
Final Decision
The application is allowed. Family Suit No.178 of 2025 pending before the learned Family Court, Jamnagar is transferred to the learned Family Court, Mithapur, Okha for disposal in accordance with law. Rule is made absolute. No order as to costs.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Family Court
- divorce suit
- maintenance proceedings
- domestic violence proceedings
