Case Note & Summary
The present application was filed by the wife, Gitaben Chandubhai Prajapati, under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 60 of 2025 pending before the learned Family Court at Botad to the competent court at Surendranagar. The marriage between the parties was solemnized on 06.11.2022 at Dhangadhra, District Surendranagar. No child was born out of the wedlock. Disputes arose between the parties, leading to separation. The wife had earlier filed a maintenance application under Section 125 of the Cr.P.C. being Criminal Misc. Application No. 142 of 2023 before the learned Family Court, Surendranagar, which was finally decided, directing the husband to pay Rs. 15,000/- per month as maintenance. The wife also filed recovery proceedings being Criminal Misc. Application No. 63 of 2025, which was disposed of. Subsequently, the husband filed divorce proceedings under Section 13(1)(b) of the Hindu Marriage Act, 1955 before the learned Principal Family Court, Botad, being Family Suit No. 60 of 2025. The wife sought transfer of the divorce suit to Surendranagar on the ground that the marriage was solemnized at Dhangadhra within Surendranagar district, and she had already litigated maintenance matters at Surendranagar. The husband opposed the transfer, but the Court, considering the convenience of the wife and the fact that the marriage was solemnized at Dhangadhra, allowed the application and directed transfer of Family Suit No. 60 of 2025 from the Family Court at Botad to the competent court at Surendranagar.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of Code of Civil Procedure, 1908 - Transfer of Divorce Suit - The wife sought transfer of divorce suit filed by husband from Botad to Surendranagar on grounds that marriage was solemnized at Dhangadhra (Surendranagar district) and she had already filed maintenance proceedings at Surendranagar. The Court allowed the transfer, holding that convenience of the wife and avoidance of multiplicity of proceedings warranted transfer. (Paras 1-8)
Issue of Consideration
Whether the Family Suit No. 60 of 2025 pending before the Family Court at Botad should be transferred to the competent court at Surendranagar on the ground of convenience of the wife and the fact that the marriage was solemnized at Dhangadhra within Surendranagar district.
Final Decision
The application is allowed. Family Suit No. 60 of 2025 pending before the learned Family Court at Botad is ordered to be transferred to the competent court at Surendranagar. The parties are directed to appear before the transferee court on 27.04.2026.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- jurisdiction based on residence of wife
- avoidance of multiplicity of proceedings
Case Details
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2333 of 2025
Mr. Laxmansinh M Zala, Mr. Devansh Kakkad, Mr. K K Maghnani, Mr. K B Maghnani
Gitaben Chandubhai Prajapati W/o Bharatbhai Jagjivanbhai Talsaniya (Prajapati)
Bharatbhai Jagjivanbhai Talsaniya (Prajapati)
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Nature of Litigation
Civil Miscellaneous Application for transfer of a divorce suit from one Family Court to another.
Remedy Sought
The applicant-wife sought transfer of Family Suit No. 60 of 2025 from the Family Court at Botad to the competent court at Surendranagar.
Filing Reason
The wife claimed that the marriage was solemnized at Dhangadhra within Surendranagar district and she had already litigated maintenance proceedings at Surendranagar, making it convenient for her to pursue the divorce suit there.
Previous Decisions
The wife's maintenance application under Section 125 Cr.P.C. was decided, directing the husband to pay Rs. 15,000/- per month. Recovery proceedings were also disposed of.
Issues
Whether the divorce suit should be transferred from Botad to Surendranagar on grounds of convenience and jurisdiction.
Submissions/Arguments
The applicant-wife submitted that the marriage was solemnized at Dhangadhra, District Surendranagar, and she had already filed maintenance proceedings at Surendranagar, which were decided. She argued that it would be convenient for her to have the divorce suit heard at Surendranagar.
The respondent-husband opposed the transfer, but the Court found the wife's submissions persuasive.
Ratio Decidendi
The court held that the convenience of the wife, who had already litigated maintenance proceedings at Surendranagar, and the fact that the marriage was solemnized at Dhangadhra within Surendranagar district, warranted the transfer of the divorce suit under Section 24 CPC to avoid multiplicity of proceedings and for the ends of justice.
Judgment Excerpts
The present Application is filed under Section 24 of the Code of Civil Procedure, 1908 praying for the transfer of Family Suit No. 60 of 2025 pending before the learned Family Court at Botad to the competent Court at Surendranagar.
Learned advocate for the applicant submits that the marriage between the parties was solemnized on 06.11.2022 at Dhangadhra, District - Surendranagar.
The applicant has filed maintenance Application under Section 125 of the Cr.P.C being Criminal Misc. Application No. 142 of 2023 before the learned Family Court, Surendranagar.
The husband has filed divorce proceedings under Section 13(1)(b) of the Hindu Marriage Act, 1955 before the learned Principal Family Court, Botad being Family Suit No. 60 of 2025.
Procedural History
The wife filed a maintenance application under Section 125 Cr.P.C. (Criminal Misc. Application No. 142 of 2023) before the Family Court, Surendranagar, which was decided. She also filed recovery proceedings (Criminal Misc. Application No. 63 of 2025) which were disposed of. The husband then filed a divorce suit (Family Suit No. 60 of 2025) before the Family Court at Botad. The wife filed the present transfer application under Section 24 CPC before the High Court of Gujarat.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Hindu Marriage Act, 1955: Section 13(1)(b)
- Code of Criminal Procedure, 1973: Section 125
