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. 2987 of 2025, which was filed by the respondent-husband, from the Family Court at Ahmedabad to the Family Court at Jetpur. Several other proceedings between the parties were already pending at Jetpur, including Family Suit No. 3 of 2024, Civil Misc. Application No. 1 of 2026, Criminal Misc. Application No. 257 of 2021 and Criminal Complaint No. 40 of 2022. The wife contended that it would be convenient to have all matters heard at Jetpur. The husband, through his advocate, stated that he had no objection to the transfer. Both learned advocates, upon instructions, came to a consensus for the transfer. The High Court noted that since there was no resistance from the husband, the transfer could be allowed. Consequently, the court ordered the transfer of Family Suit No. 2987 of 2025 from Ahmedabad to Jetpur. The parties also requested directions for consolidation of Family Suit No. 3 of 2024, Civil Misc. Application No. 1 of 2026 and the transferred suit, and for permission to appear via video conference in the proceedings. The court granted liberty to the parties to file appropriate applications for consolidation before the Family Court at Jetpur, which would be decided on merits and in accordance with law. It also permitted the parties to request the Family Court to allow appearance through video conference mode. The rule was made absolute, and the application was disposed of accordingly.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 of the Code of Civil Procedure, 1908 - The High Court transferred the husband's Family Suit No. 2987 of 2025 from Ahmedabad to Jetpur on the wife's application, noting that the respondent-husband had no objection and both parties consented to the transfer - Held that transfer can be allowed when parties consent and no prejudice is shown (Paras 5-8). B) Civil Procedure - Consolidation of Suits and Video Conference - Not specified - The Court permitted the parties to move appropriate applications for consolidation of Family Suit No. 3 of 2024, Civil Misc. Application No. 1 of 2026 and Family Suit No. 2987 of 2025, and to request appearance through video conference - Held that such liberty may be granted for convenience and to avoid multiplicity (Paras 6-9).
Issue of Consideration
Whether Family Suit No. 2987 of 2025 pending before the Family Court, Ahmedabad should be transferred to the Family Court at Jetpur
Final Decision
The Family Suit No. 2987 of 2025 pending before the Principal Judge, Family Court, Ahmedabad is ordered to be transferred to the Family Court at Jetpur. Rule is made absolute. Liberty granted to parties to move appropriate applications for consolidation of Family Suit No. 3 of 2024, Civil Misc. Application No. 1 of 2026 and Family Suit No. 2987 of 2025, and to request appearance through video conference mode, to be decided by the Family Court on merits and in accordance with law.
Law Points
- Transfer of proceedings under Section 24 of the Code of Civil Procedure
- 1908 can be ordered on consent of parties and absence of resistance
