Case Note & Summary
The applicant, Kajalben, wife of Hareshbhai Raval, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No.33 of 2025 from the Family Court at Radhanpur, District Patan, to the Family Court at Deodar, District Banaskantha. The marriage was solemnized in 2021 at Dhanakwada, and the couple resided at Madhapur, Taluka Radhanpur. Disputes arose, leading the wife to file a written complaint on 19.10.2024 before the Mahila Police Station, Palanpur, and her mother filed a complaint on 20.10.2024 before the Deodar Police Station. The wife also filed Family Suit No.31 of 2025 before the Family Court, Deodar, seeking divorce and permanent monthly alimony of Rs.40,000/-. In response, the husband filed Family Suit No.33 of 2025 before the Family Court, Radhanpur, seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. The wife sought transfer of the husband's suit to Deodar, arguing that the distance between Deodar and Radhanpur is approximately 45 kms one way, and due to financial constraints, she is unable to travel to Radhanpur. The husband's counsel opposed the transfer, submitting that the husband is willing to bear the travel expenses of the wife. The Court considered the submissions and held that the wife's convenience and financial hardship must be given weight, and that the husband, being the petitioner in the suit, can travel to Deodar. The Court allowed the application, transferring Family Suit No.33 of 2025 from the Family Court, Radhanpur to the Family Court, Deodar, and directed the transferee court to proceed with the suit from the stage at which it was transferred. 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 applicant-wife sought transfer of a restitution of conjugal rights suit filed by the husband from Family Court, Radhanpur to Family Court, Deodar, citing financial constraints and distance of 45 kms one way. The Court allowed the transfer, holding that the wife's convenience and financial hardship must be considered, and that the husband can travel to Deodar. (Paras 1-6)
Issue of Consideration
Whether the Family Suit No.33 of 2025 pending before the Family Court, Radhanpur should be transferred to the Family Court, Deodar on the ground of convenience of the wife-applicant.
Final Decision
The application is allowed. Family Suit No.33 of 2025 pending before the learned Family Court, Radhanpur is transferred to the learned Family Court, Deodar. The transferee court shall proceed with the suit from the stage at which it was transferred. Rule is made absolute with no order as to costs.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- financial constraints
- distance between courts
