Case Note & Summary
The applicant-wife, Manishaben Ravi Patel, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 2827/2025 from the Family Court, Ahmedabad to the Family Court, Thasara. The marriage was solemnized on 12.03.2020 at Ahmedabad, but disputes arose thereafter. The wife had earlier filed Criminal Misc. Application No. 73 of 2021 under Section 125 of the Code of Criminal Procedure, 1973 for maintenance. The husband filed the family suit in Ahmedabad. The wife contended that she resides at Thasara with her minor child, has no independent income, and faces difficulty and safety issues in traveling to Ahmedabad. The husband opposed, arguing that he resides in Ahmedabad and the suit was filed by him there. The Court, after hearing both sides, noted that the wife's convenience and safety, especially with a minor child, should be given weight. The Court allowed the application, transferring the suit to Thasara, and directed the Family Court, Ahmedabad to transmit records to the Family Court, Thasara. The Court also clarified that the transferee court may decide the suit on its own merits without being influenced by the transfer order.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of the Code of Civil Procedure, 1908 - Transfer of Family Suit - The wife sought transfer of the family suit from Ahmedabad to Thasara on grounds of her residence at Thasara, difficulty in traveling with a minor child, and safety concerns. The husband opposed, citing his own convenience and the suit being filed by him. The Court held that the convenience of the wife, who is the applicant and has a minor child, should be given primacy, and the suit was transferred to Thasara. (Paras 1-8)
Issue of Consideration
Whether the Family Suit No. 2827/2025 pending before the Family Court, Ahmedabad should be transferred to the Family Court, Thasara on the application of the wife under Section 24 of the Code of Civil Procedure, 1908.
Final Decision
The application is allowed. Family Suit No. 2827/2025 pending before the Family Court, Ahmedabad is ordered to be transferred to the Family Court, Thasara. The Family Court, Ahmedabad is directed to transmit the records and proceedings to the Family Court, Thasara. The transferee court shall decide the suit on its own merits without being influenced by the transfer order.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Family Court Act
- matrimonial disputes
- balance of convenience
