The main legal point established in the judgment is that under Section 24 of the Civil Procedure Code, 1908, a family suit can be transferred from one Family Court to another based on genuine and convincing grounds, such as the difficulty of traveling a long distance with minor children and the lack of means of earning.

JUDGMENT :

1. Rule. Learned advocate Ms. Nilam Chauhan waives service.

2. The present application under Section 24 of the Civil Procedure Code, 1908 (the CPC) is filed by the applicant - wife seeking transfer of Family Suit No. 42 of 2020, filed by the respondent - husband for declaring marriage as null and void, before the Family Court, Gandhinagar, to the Family Court at Porbandar.

3. It is the case of the applicant that the marriage of the applicant and the respondent was solemnized on 25.10.2018 as per the Hindu rites and rituals. Out of the wedlock, they have one girl child. From her first marriage, she has a boy child, who lives with her. It is alleged that, after some time of the marriage, the respondent – husband deserted the applicant as he did not want to keep the son of the applicant from her previous marriage to stay with them, leaving no option for the applicant but to leave the matrimonial home with her children.

4. Heard, learned advocate Ms. Mayuri Chauhan for the applicant – wife. It is submitted that the respondent – husband has filed the above-referred suit before the Family Court at Gandhinagar, whereas, the present applicant resides at the mercy of her parents with her two children at Porbandar. It is submitted that the distance between Gandhinagar and Porbandar is very long i.e. about 420 kms. and in the circumstance, it would be very difficult for the applicant – wife to travel to Gandhinagar for attending the Court proceedings with her minor children. Further, the applicant has no means of earning. Furthermore, for attending the Court proceedings at Gandhinagar, the applicant would require a companion. Besides, in view of the distance between the two places, the applicant will have to incur expenses towards lodging and boarding also. The learned advocate for the applicant further submitted that, as against this, if the suit is transferred to Porbandar, in that case, the respondent will not have to suffer this much difficulties as compared to the present applicant. Further, the respondent is hale and hearty and hence, there would be no question of comparative hardship. Making above submissions, it is requested that present application may be allowed as requested for.

5. Per contra, learned advocate Ms. Nilam Chauhan for the respondent while heavily opposing the present application, submitted that the respondent - husband has filed the aforesaid suit for declaring the marriage as null and void. It is submitted that prior to the marriage of the respondent with the applicant, she had married with one Ashishbhai and the applicant and her family members had provided wrong information with regard to their divorce decree and had given false assurance to the present respondent that they will provide him the copy of divorce decree, which had never been obtained from a Court of law and thus, the marriage of the present applicant with the respondent are void ab initio since second marriage is not permissible under the Hindu law during survival of first marriage. Further, despite it was specifically agreed that the respondent would not take any responsibility of the applicant’s son from her previous marriage, the applicant is harping on for the same and thereby, quarrels with the respondent. Thus, making such submissions, it is requested that this application may be rejected being devoid of any merits.

6. The Court has heard the learned advocates for the respective parties and also perused the material on record. This application is filed by the applicant – wife for transfer of the family suit in question from Family Court, Gandhinagar to the Family Court at Porbandar. If the distance between the two places is seen, the same is about 420 kms. and accordingly, in the opinion of the Court, it would be difficult for the applicant to travel such a distance, who is having two children and will have to travel this long distance with them. Further, the applicant stated to have no means of earning. Besides, as stated by the learn