Case Note & Summary
The applicant wife, Madhuben, married the opponent husband, Bhanjibhai, on 27 May 2013 at Porbandar. After marital disputes, the wife filed a maintenance application under Section 125 of the Code of Criminal Procedure, 1973, being Criminal Misc. Application No. 486 of 2024, pending before the Family Court at Porbandar. Subsequently, the husband filed a divorce petition, Family Suit No. 153 of 2025, before the Family Court at Jamnagar. The wife filed the present application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of the divorce petition from Jamnagar to Porbandar. She argued that she resides at Porbandar, has no independent source of income, and would face hardship and safety issues in traveling to Jamnagar. The husband opposed the transfer, claiming the wife had filed multiple cases and that the distance was not excessive. The court, after hearing both sides, allowed the application, noting that the wife's convenience and the pendency of maintenance proceedings at Porbandar justified the transfer. The court directed the transfer of Family Suit No. 153 of 2025 from the Family Court, Jamnagar to the Family Court, Porbandar, and stayed further proceedings at Jamnagar pending transfer.
Headnote
A) Civil Procedure - Transfer of Proceedings - Section 24 CPC - Transfer of Divorce Petition - Wife sought transfer of divorce petition from Family Court, Jamnagar to Porbandar, citing her residence at Porbandar, pending maintenance proceedings there, and safety concerns - Court allowed transfer, holding that convenience of wife and pending proceedings at Porbandar warranted transfer (Paras 1-6).
Issue of Consideration
Whether a divorce petition filed by the husband at Jamnagar should be transferred to Porbandar for the wife's convenience and safety.
Final Decision
The application is allowed. Family Suit No. 153 of 2025 pending before the Family Court, Jamnagar is ordered to be transferred to the Family Court, Porbandar. Further proceedings in the suit at Jamnagar are stayed pending transfer.
Law Points
- Transfer of proceedings
- convenience of wife
- Section 24 CPC
- Section 125 CrPC
- matrimonial disputes
Case Details
2026 LawText (GUJ) (03) 1090
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 2663 of 2025
Dhwani Y Chandarana for applicant, Maulik M Soni for opponent
Madhuben D/o Govindbhai Makwana W/o Bhanjibhai Nathabhai Bagda
Bhanjibhai Nathabhai Bagda
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Nature of Litigation
Civil miscellaneous application for transfer of divorce petition from one family court to another.
Remedy Sought
Applicant wife sought transfer of Family Suit No. 153 of 2025 from Family Court, Jamnagar to Family Court, Porbandar.
Filing Reason
Wife resides at Porbandar, has no income, and faces safety issues in traveling to Jamnagar; also has pending maintenance proceedings at Porbandar.
Issues
Whether the divorce petition should be transferred from Jamnagar to Porbandar for the convenience of the wife.
Submissions/Arguments
Applicant argued she resides at Porbandar, has no independent income, and traveling to Jamnagar would cause hardship and safety concerns.
Opponent argued that the wife has filed multiple cases and the distance is not excessive.
Ratio Decidendi
In matrimonial disputes, the convenience of the wife, especially when she has pending proceedings at her place of residence and faces safety concerns, is a valid ground for transfer of proceedings under Section 24 CPC.
Judgment Excerpts
By invoking the provision under Section 24 of the Code of Civil Procedure 1908, applicant herein has prayed for the following reliefs:-
Brief facts of the case are as under :-
The applicant's marriage was solemnized with the present opponent on 27.05.2013 at Porbandar.
Present applicant filed Criminal Misc. Application No. 486 of 2024 which is pending before the Learned Family Court, Porbandar, under Section 125 of the Code of Criminal Procedure, 1973.
Thereafter, opponent herein - husband filed Family Suit no. 153 of 2025 pending before the Learned Family Court, Jamnagar.
The application is allowed.
Procedural History
The applicant wife filed Criminal Misc. Application No. 486 of 2024 under Section 125 CrPC before the Family Court, Porbandar. The husband then filed Family Suit No. 153 of 2025 for divorce before the Family Court, Jamnagar. The wife filed the present transfer application under Section 24 CPC before the High Court of Gujarat.
Acts & Sections
- Code of Civil Procedure, 1908: Section 24
- Code of Criminal Procedure, 1973: Section 125
