Case Note & Summary
The applicant wife, Punitaben Hetalkumar Mavadiya, filed a Miscellaneous Civil 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, 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 named Prem Mavadiya, aged about 12 years. They have been living separately for more than 10 years. The wife had previously filed Criminal Misc. Application No.131 of 2024 under Section 125 of the Code of Criminal Procedure, 1973, before the Family Court at Okha for maintenance, and Criminal Misc. Application No.278 of 2023 under the Protection of Women from Domestic Violence Act, 2005, before the Principal Civil Judge at Okha. The husband filed Family Suit No.178 of 2025 for divorce at Jamnagar. The wife sought transfer on grounds of convenience, citing the distance of about 170 kms between Jamnagar and Okha, her responsibility to care for her minor son and senior citizen parents, and the pendency of other proceedings at Okha. The husband did not oppose the transfer. The court, after hearing both sides, allowed the application, directing the transfer of Family Suit No.178 of 2025 from the Family Court, Jamnagar to the Family Court, Mithapur, Okha, to be tried along with the pending maintenance application. The court emphasized the need to avoid inconvenience to the wife and ensure her effective participation.
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.178 of 2025 from Family Court, Jamnagar to Family Court, Mithapur, Okha. The court considered that the wife had filed maintenance and domestic violence proceedings at Okha, the distance between Jamnagar and Okha was about 170 kms, the wife had to look after her minor son and senior citizen parents, and the husband had not opposed the transfer. Held that the transfer was necessary to avoid inconvenience to the wife and to ensure her effective participation in the proceedings (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, considering the distance and pendency of other proceedings filed by the wife at Okha.
Final Decision
The application is allowed. Family Suit No.178 of 2025 pending before the learned Family Court, Jamnagar is ordered to be transferred to the learned Family Court, Mithapur, Okha. The Family Court, Mithapur, Okha is directed to try the suit along with Criminal Misc. Application No.131 of 2024 pending before it. Rule is made absolute.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- minor child's education
- pendency of multiple proceedings at wife's place
