The court affirmed that under Section 24 CPC, transfers may be granted based on consent, emphasizing the importance of ensuring convenience and fairness in matrimonial disputes.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Madhav Jain, learned counsel for the applicant and Sri Mahesh Narain Singh, learned counsel for the opposite party.

2. The present transfer application has been filed by the applicant–wife under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Matrimonial Petition No. 2130 of 2023, instituted by the opposite party under Section 13 of the Hindu Marriage Act, 1955, pending before the Court of Additional Family Court No. 5, Ghaziabad, to the Court of competent jurisdiction at Agra.

3. Though the lis arises out of a matrimonial dispute between private parties, the issues which arise for consideration transcend the individual facts of the case and touch upon the nature, scope, and contours of the jurisdiction exercised by this Court under Section 24 CPC, particularly in cases where transfer is sought by consent or where the opposite party does not oppose the prayer. The matter, therefore, calls for a consideration of the applicable legal principles governing exercise of powers of transfer under Section 24, on the basis of consent of parties.

4. The factual position brought on record indicates that the marriage between the applicant and the opposite party was solemnized on 18.02.2011 at Agra in accordance with Hindu rites and rituals. Out of the wedlock, a son was born on 31.01.2020. Due to matrimonial discord, the applicant is presently residing at her parental home at Agra along with her minor son. It has been specifically pleaded that the applicant has no regular or independent source of income and is entirely dependent upon her parents for her sustenance as well as that of the minor child. It has further been stated, and not disputed, that the opposite party is not paying any maintenance either to the applicant or to the minor child.

5. The opposite party has instituted Matrimonial Petition No. 2130 of 2023 under Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of marriage, which is pending before the Court of Additional Family Court No. 5, Ghaziabad. The applicant has asserted that the distance between Agra and Ghaziabad is approximately 200 kilometers and that repeated travel to Ghaziabad would cause grave inconvenience, financial strain, and physical hardship, particularly in view of her limited financial means and her responsibility towards a school-going minor child. It has also been pleaded that the applicant's father, aged about 65 years, is suffering from serious ailments and is not in a position to accompany her during such travel. It has further been pointed out that the opposite party himself is a resident of Agra, where his parental house is also situated. These facts are not controverted and form the factual substratum of the present application.

6. Significantly, the opposite party has categorically stated before this Court that he does not wish to oppose the present transfer application. The prayer for transfer is, therefore, not contested and is, in effect, founded on the consent or at least the unequivocal non-opposition of the opposite party. This aspect assumes considerable importance, as it has a direct bearing on the nature of scrutiny required to be undertaken by the Court while exercising its jurisdiction under Section 24 CPC.

7. Section 24 of the Code of Civil Procedure, 1908, confers wide and discretionary jurisdiction upon the High Court and the District Court to transfer or withdraw any suit, appeal, or other proceeding at any stage, either on the applic