Case Note & Summary
The applicant-wife filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No.37/2024 from the Family Court at Vanthali, District Junagadh, to the Family Court at Porbandar. The marriage was solemnized on 05.05.2011 at Porbandar, and after disputes arose, the wife filed a maintenance application under Section 125 of the Code of Criminal Procedure, 1973. The husband filed the Family Suit at Vanthali, which the wife sought to transfer to Porbandar, where she resides. The Court heard the wife's advocate; the husband was served but did not appear. The Court considered the wife's submissions that she resides at Porbandar, has to travel about 150 kilometers to attend court at Vanthali, and faces safety issues. The Court held that in matrimonial disputes, the convenience of the wife is a paramount consideration, and the husband had not opposed the transfer. The Court allowed the application, transferring the suit to Porbandar, and directed the Family Court at Vanthali to transmit records within four weeks. No order as to costs.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 of the Code of Civil Procedure, 1908 - Transfer of Family Suit - The wife sought transfer of Family Suit No.37/2024 from Vanthali to Porbandar on grounds of her residence at Porbandar, difficulty in traveling, and safety concerns. The Court held that the convenience of the wife is a paramount consideration in matrimonial disputes and allowed the transfer, noting that the husband had not opposed the application. (Paras 1-6)
Issue of Consideration
Whether the Family Suit No.37/2024 pending before the Family Court at Vanthali, Junagadh should be transferred to the Family Court at Porbandar on the application of the wife.
Final Decision
The application is allowed. Family Suit No.37/2024 pending before the Family Court, Vanthali, Junagadh is transferred to the Family Court, Porbandar. The Family Court at Vanthali is directed to transmit the records and proceedings to the Family Court at Porbandar within four weeks. No order as to costs.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Family Court
- matrimonial disputes
- residence of wife
- safety concerns
