Case Note & Summary
The applicant-wife filed a transfer application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 117 of 2025 pending before the learned Family Court at Patan to the competent court at Surat. The marriage was solemnized on 14.11.2021 at Patan, and a son was born. Disputes arose, and the wife filed a Maintenance Application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Cr.M.A. No. 1242 of 2025) before the Family Court at Surat, which was pending. She also filed another application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Cr.M.A. No. 16232 of 2025) on 18.08.2025, and an FIR against the husband under Sections 54 and 85 of the Bharatiya Nyaya Sanhita, 2023 at Godadara Police Station, Surat on 17.09.2025. The husband filed a suit under Section 13A of the Hindu Marriage Act, 1955 for dissolution of marriage before the Family Court at Patan. The wife sought transfer on grounds that she resides at Surat with her senior citizen parents whom she must care for, the distance between Patan and Surat is about 389 km one way, and multiple proceedings are already pending at Surat. The husband was served but did not appear. The court considered the submissions and allowed the application, transferring the suit to the Family Court at Surat for disposal in accordance with law, noting that no costs were imposed.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Matrimonial Dispute - Wife sought transfer of husband's divorce petition from Patan to Surat - Court allowed transfer considering wife's residence, pending maintenance and domestic violence cases at Surat, distance of 389 km, and care of senior citizen parents - Held that convenience of wife and multiplicity of proceedings at one place justify transfer (Paras 1-5).
Issue of Consideration
Whether the Family Suit filed by the husband at Patan should be transferred to Surat where the wife resides and has pending proceedings.
Final Decision
The application is allowed. Family Suit No. 117 of 2025 pending before the learned Family Court at Patan is ordered to be transferred to the competent court at Surat. The transferee court shall decide the suit in accordance with law. No order as to costs.
Law Points
- Transfer of proceedings
- convenience of wife
- pending proceedings at transferee court
- Section 24 CPC
- Section 13A Hindu Marriage Act
- Section 144 BNSS
- Section 12 Domestic Violence Act
Case Details
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2500 of 2025
Kunal S Shah for applicant, Rule served for opponent
Anjali w/o Aakash Narendrakumar Soni d/o Jagdishprasad Mohanlal Soni
Aakash Narendrakumar Soni
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Nature of Litigation
Civil miscellaneous application for transfer of a family suit from one Family Court to another.
Remedy Sought
Transfer of Family Suit No. 117 of 2025 from Family Court at Patan to competent court at Surat.
Filing Reason
Wife sought transfer due to her residence at Surat, pending proceedings there, distance of 389 km, and care of senior citizen parents.
Issues
Whether the Family Suit filed by the husband at Patan should be transferred to Surat.
Submissions/Arguments
Applicant-wife submitted that marriage was solemnized on 14.11.2021 at Patan, a son was born, and parties are living separately.
Distance between Patan and Surat is approximately 389 km one way.
Wife has to look after her senior citizen parents.
Wife has pending Maintenance Application under Section 144 BNSS and another application under Section 12 Domestic Violence Act at Surat, and an FIR under BNS at Surat.
Ratio Decidendi
In matrimonial disputes, the convenience of the wife is a paramount consideration for transfer of proceedings, especially when she has multiple pending cases at the transferee court and faces hardship due to distance and care of elderly parents.
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. 117 of 2025 pending before the learned Family Court at Patan to the competent Court at Surat.
The applicant – wife has filed a Maintenance Application under Section 144 of the BNSS before the learned Family Court at Surat, being Cr.M.A. No. 1242 of 2025 which is pending for its adjudication.
The distance between Patan and Surat is approximately 389 kms. one way.
The parents of the applicant – wife are senior citizens and she has to look after them also.
Procedural History
The applicant-wife filed a transfer application under Section 24 CPC on an unspecified date. The application was heard on 27/03/2026. The respondent was served but did not appear. The court allowed the application on the same day.
Acts & Sections
- Code of Civil Procedure, 1908: 24
- Hindu Marriage Act, 1955: 13A
- Bharatiya Nagarik Suraksha Sanhita, 2023: 144
- Protection of Women from Domestic Violence Act, 2005: 12
- Bharatiya Nyaya Sanhita, 2023: 54, 85
