Case Note & Summary
The applicant wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 264 of 2024 pending before the learned Family Court, Deesa, to the Family Court, Gandhidham, District Kachchh. The parties were married in 1997 as per Hindu rites and have three children. The wife alleged harassment by the husband and his family. She had previously filed an FIR (C.R.No. 11993007211923 of 2021) under Sections 323, 294(B) IPC and Section 135 of the G.P. Act at B Division Gandhidham Police Station, and a maintenance application under Section 125(3) Cr.P.C. before the Additional Chief Judicial Magistrate, Gandhidham. The husband filed the Family Suit at Deesa. The wife contended that she resides in Gandhidham with her minor children, who are studying there, and that it is difficult for her to travel to Deesa for each hearing. The husband was served but did not appear to oppose the application. The court, considering the convenience of the wife and the minor children, and the fact that the husband had no objection, allowed the transfer. The court directed that the Family Suit No. 264 of 2024 be transferred from the Family Court, Deesa to the Family Court, Gandhidham, and that the transferee court shall decide the suit on its own merits without being influenced by any observations in the order.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 of Code of Civil Procedure, 1908 - Transfer of Family Suit - Wife sought transfer of Family Suit No. 264 of 2024 from Family Court, Deesa to Family Court, Gandhidham on grounds of her residence and minor children's education - Court allowed transfer considering convenience of wife and children, and that husband had not opposed the application - Held that transfer is warranted to avoid hardship to the wife (Paras 1-6).
Issue of Consideration
Whether the Family Suit pending at Deesa should be transferred to Gandhidham for the convenience of the applicant wife.
Final Decision
The application is allowed. Family Suit No. 264 of 2024 pending before the learned Family Court, Deesa is ordered to be transferred to the learned Family Court, Gandhidham, District Kachchh. The transferee court shall decide the suit on its own merits without being influenced by any observations made in the order.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Family Court transfer
- matrimonial dispute
