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. 177 of 2022, filed by the respondent-husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, from the Family Court at Mahesana to the Family Court at Patan. The marriage was solemnized on 20.05.2005 at Patan, and two children were born. Due to disputes and alleged harassment by the husband and in-laws, the wife has been living separately in Patan with the children. She has filed multiple proceedings at Patan: a complaint under Section 498A IPC on 11.10.2022, a complaint under the Protection of Women from Domestic Violence Act, 2005 (Cr.M.A. No. 201 of 2022 on 06.10.2022), a maintenance application under Section 125 CrPC, and a divorce petition under Section 13 of the Hindu Marriage Act, 1955 (Family Suit No. 37 of 2025). The husband filed the restitution suit at Mahesana. The wife contended that she has no independent source of income, has to take care of minor children, and it is difficult for her to travel from Patan to Mahesana to defend the suit. The Court, after hearing the applicant's counsel and noting that the respondent was served but did not appear, found that the balance of convenience is in favour of the wife. The Court allowed the application, transferring Family Suit No. 177 of 2022 from the Family Court at Mahesana to the Family Court at Patan, and directed the Family Court at Patan to decide the suit expeditiously in accordance with law.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 CPC - Convenience of Wife - Applicant-wife sought transfer of Family Suit No. 177 of 2022 from Family Court, Mahesana to Family Court, Patan, citing that she resides in Patan with minor children, has filed multiple proceedings (Section 498A IPC, Domestic Violence Act, Maintenance under Section 125 CrPC, and divorce under Section 13 Hindu Marriage Act) at Patan, and faces difficulty in traveling to Mahesana. The Court held that the balance of convenience lies in favour of the applicant-wife and allowed the transfer to avoid multiplicity of proceedings and hardship. (Paras 1-6)
Issue of Consideration
Whether the Family Suit No. 177 of 2022 pending before the Family Court at Mahesana should be transferred to the Family Court at Patan for the convenience of the applicant-wife.
Final Decision
The application is allowed. Family Suit No. 177 of 2022 pending before the Family Court at Mahesana is transferred to the Family Court at Patan. The Family Court at Patan is directed to decide the suit expeditiously in accordance with law.
Law Points
- Transfer of proceedings under Section 24 CPC
- convenience of wife
- pending multiple proceedings at one place
- balance of convenience
