Case Note & Summary
The present application was filed under Section 24 of the Code of Civil Procedure, 1908, by the applicant-wife seeking transfer of Family Suit No. 2726 of 2025 from the Family Court, Ahmedabad to the Family Court, Jamnagar. The suit was filed by the opponent-husband under Section 13(1) of the Hindu Marriage Act, 1955, seeking divorce. The marriage was solemnized on 14.12.2023. The wife alleged physical harassment, ill-treatment, and dowry demand by the husband, and she was driven out of the residence. She filed a complaint before the Mahila Police Station, Jamnagar on 14.07.2025. The wife is a software developer and a working lady. The husband opposed the transfer, arguing that the wife is educated and capable of traveling. The Court considered the convenience of the wife, the pendency of the criminal complaint at Jamnagar, and the fact that the wife is a working woman. The Court held that the balance of convenience lies in transferring the suit to Jamnagar, as the wife would have to travel frequently to Ahmedabad, which would cause hardship. The application was allowed, and the Family Suit No. 2726 of 2025 pending before the Family Court, Ahmedabad was ordered to be transferred to the Family Court, Jamnagar for disposal in accordance with law.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 Code of Civil Procedure, 1908 - Convenience of Wife - The wife sought transfer of divorce proceedings from Ahmedabad to Jamnagar, citing physical harassment, dowry demand, and a pending criminal complaint at Jamnagar. The Court held that the convenience of the wife, who is a working woman and has filed a complaint at Jamnagar, must be considered, and the suit was transferred to the Family Court at Jamnagar. (Paras 1-9)
Issue of Consideration
Whether the Family Suit for divorce filed by the husband at Ahmedabad should be transferred to Jamnagar at the instance of the wife, considering her convenience, safety, and pending criminal complaint.
Final Decision
The application is allowed. Family Suit No. 2726 of 2025 pending before the Family Court, Ahmedabad is ordered to be transferred to the Family Court, Jamnagar for disposal in accordance with law.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Section 13(1) Hindu Marriage Act
- 1955
- working woman
- physical harassment
- dowry demand
- criminal complaint
- balance of convenience
Case Details
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2515 of 2025
Mr. Vatsal D. Ruparel, Mr. Rajpurohit R Bhawarlal
Apurva Manishbhai Kothari S/o Late Manishbhai Kothari
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Nature of Litigation
Civil miscellaneous application for transfer of family suit from one family court to another.
Remedy Sought
Transfer of Family Suit No. 2726 of 2025 from Family Court, Ahmedabad to Family Court, Jamnagar.
Filing Reason
The applicant-wife sought transfer on grounds of her convenience, safety, and pending criminal complaint at Jamnagar.
Issues
Whether the Family Suit for divorce filed by the husband at Ahmedabad should be transferred to Jamnagar at the instance of the wife, considering her convenience, safety, and pending criminal complaint.
Submissions/Arguments
Applicant (wife) submitted that she is a working woman, faced physical harassment and dowry demand, filed a criminal complaint at Jamnagar, and it is inconvenient for her to travel to Ahmedabad.
Opponent (husband) opposed the transfer, arguing that the wife is educated and capable of traveling, and the transfer would cause inconvenience to him.
Ratio Decidendi
The convenience of the wife, especially when she is a working woman and has filed a criminal complaint at the place where she resides, must be given due weight. The balance of convenience lies in transferring the suit to the place of the wife's residence to avoid hardship.
Judgment Excerpts
The present application is filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 2726 of 2025 from the Family Court Ahmedabad to the Family Court at Jamnagar.
The applicant is original defendant in Family Suit No.2726 of 2024, which is filed by present opponent - husband for seeking divorce under Section 13(1) of the Hindu Marriage Act, 1955.
On account of physical harassment and ill-treatment meted out to her and demand of dowry was also made, and as she was driven out from the residence, for which the compliant was filed on 14.07.2025 in the year 2025 before Mahila Police Station, Jamnagar.
Procedural History
The opponent-husband filed Family Suit No. 2726 of 2025 before the Family Court, Ahmedabad under Section 13(1) of the Hindu Marriage Act, 1955 seeking divorce. The applicant-wife filed the present application under Section 24 CPC seeking transfer of the suit to Jamnagar. The application was heard and allowed by the High Court on 13.03.2026.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Hindu Marriage Act, 1955: Section 13(1)
