Case Note & Summary
The applicant wife filed a Misc. Civil Application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Family Suit No.96 of 2025 from the Family Court, Visnagar to the Family Court, Patan. The parties were married on 15.02.2015 as per Hindu rites and have two children. The wife alleged harassment by the husband and his family. She had earlier filed Criminal Misc. Application No.60 of 2021 before the Family Court, Patan for maintenance. The husband filed the divorce suit in Visnagar. The wife contended that she resides in Patan with her parents, has no independent income, and it is difficult for her to travel to Visnagar with two young children. She also expressed safety concerns. The husband was served but did not appear. The court, relying on the principle that convenience of the wife is paramount, allowed the transfer, noting that the wife cannot be compelled to travel long distances for litigation. The court directed the transfer of Family Suit No.96 of 2025 from the Family Court, Visnagar to the Family Court, Patan.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 CPC - Transfer of Family Suit - Wife sought transfer of divorce proceedings from Visnagar to Patan citing difficulty in traveling with two young children and safety concerns - Court held that convenience of wife is paramount and allowed transfer - Held that the applicant wife, having custody of minor children, cannot be compelled to travel long distance for litigation (Paras 1-8).
Issue of Consideration
Whether the Family Suit No.96 of 2025 pending before the Family Court, Visnagar should be transferred to the Family Court, Patan on the application of the wife.
Final Decision
The application is allowed. Family Suit No.96 of 2025 pending before the learned Family Court, Visnagar is ordered to be transferred to the learned Family Court, Patan.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife as paramount consideration
- balance of convenience
- hardship to applicant
- safety concerns
