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. 422 of 2024 from the Family Court at Vadodara to a competent court at Ahmedabad. The marriage between the parties was solemnized on 20.02.2020 as per Christian rituals, and no child was born. Disputes arose, leading the wife to file a Maintenance Application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Cr.M.A. No. 515 of 2024) before the Family Court at Ahmedabad, which was pending. She also filed an FIR against the husband and in-laws under Sections 498A, 294(A), 323, 114 of the Indian Penal Code, 1860, at Mahila Police Station, Ahmedabad, and a charge-sheet was filed in May 2025. The husband filed a divorce suit under Section 10 of the Indian Divorce Act, 1869, before the Family Court at Vadodara. The wife contended that she had no source of income, was residing with her parents in Ahmedabad, and was wholly dependent on them. The distance between Vadodara and Ahmedabad is approximately 110 kms one way, causing financial hardship. The husband was served but did not appear. The court considered the wife's financial constraints, the pendency of maintenance proceedings at Ahmedabad, and the need to avoid multiplicity of proceedings. It held that the balance of convenience was in favor of the wife and allowed the transfer, directing that Family Suit No. 422 of 2024 be transferred from the Family Court, Vadodara, to the Family Court, Ahmedabad, for disposal in accordance with law.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Transfer of Family Suit - Wife sought transfer of divorce suit from Vadodara to Ahmedabad due to financial constraints and pendency of maintenance proceedings at Ahmedabad - Court allowed transfer considering wife's lack of income, dependency on parents, and distance of 110 kms - Held that convenience of wife and avoidance of multiplicity of proceedings warrant transfer (Paras 1-6).
Issue of Consideration
Whether the Family Suit No. 422 of 2024 pending before the Family Court at Vadodara should be transferred to a competent court at Ahmedabad under Section 24 of the Code of Civil Procedure, 1908.
Final Decision
The application is allowed. Family Suit No. 422 of 2024 pending before the learned Family Court, Vadodara is ordered to be transferred to the learned Family Court, Ahmedabad for disposal in accordance with law. Rule is made absolute with no order as to costs.
Law Points
- Transfer of proceedings
- convenience of parties
- financial hardship
- wife's dependency
- Section 24 CPC
