Case Note & Summary
The present application was filed under Section 24 of the Code of Civil Procedure, 1908 (CPC) by the applicant-wife, Urvishaben W/o Jaydeep Manubhai Asodariya, seeking transfer of Family Suit No. 799 of 2025 pending before the learned Family Court at Surat to the competent Court at Amreli. The marriage between the parties was solemnized on 12.12.2016 at Pithadiya, Amreli, and a son named Shivansh, aged about 7 years, was born out of the wedlock. Disputes arose between the parties, and the applicant-wife was in the process of filing a Maintenance Application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the learned Family Court at Amreli. The respondent-husband filed a suit under Section 13(1A) of the Hindu Marriage Act, 1955 for dissolution of marriage before the learned Family Court at Surat. The applicant-wife contended that the distance between Surat and Amreli is approximately 500-550 kms one way, and she has to look after her minor son and her senior citizen parents. She also faced financial constraints. The respondent-husband's advocate remained absent. The Court considered the submissions and found that it would be very difficult for the applicant-wife, being a lady, to attend court proceedings at Surat from Amreli. The Court allowed the application and directed the transfer of Family Suit No. 799 of 2025 from the learned Family Court, Surat to the learned Family Court, Amreli. The Court also directed the learned Family Court at Surat to transmit the records and proceedings to the learned Family Court at Amreli within four weeks.
Headnote
A) Civil Procedure - Transfer of Suit - Section 24 CPC - Convenience of Wife - The applicant-wife sought transfer of divorce proceedings from Surat to Amreli due to distance of 500-550 kms, financial constraints, and responsibility to care for her minor son and senior citizen parents. The Court held that it would be very difficult for the wife to attend proceedings at Surat and allowed the transfer in the interest of justice. (Paras 1-6)
Issue of Consideration
Whether the Family Suit No. 799 of 2025 pending before the learned Family Court at Surat should be transferred to the competent Court at Amreli under Section 24 of the Code of Civil Procedure, 1908.
Final Decision
The application is allowed. Family Suit No. 799 of 2025 pending before the learned Family Court, Surat is ordered to be transferred to the learned Family Court, Amreli. The learned Family Court, Surat is directed to transmit the records and proceedings to the learned Family Court, Amreli within four weeks.
Law Points
- Transfer of suit under Section 24 CPC
- convenience of wife
- distance between courts
- family responsibilities
- senior citizen parents
