The court holds that transfer applications under Section 24 CPC can be granted based on mutual consent, prioritizing the wife's convenience in matrimonial disputes.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Sandeep Kumar Singh, learned counsel for the applicant and Sri Awadh Narain Rai, learned counsel for the opposite party.

2. The present application has been preferred by the Applicant-wife under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Case No. 925 of 2023 (Umakant vs. Arju), instituted under Section 13 of the Hindu Marriage Act, 1955. The Applicant seeks transfer of the said proceedings from the Court of the Principal Judge, Family Court, Meerut, to the Court of competent jurisdiction at District Baghpat.

3. The order-sheet of the case indicates that on 16.1.2024, when the case was taken up as fresh case, this Court, upon considering the submissions made on behalf of the applicant that a complaint case registered as Complaint Case No. 4275 of 2022 was pending in the Baghpat Judgeship and that as per the applicant, this divorce petition had been filed by the respondent in the Family Court at Meerut with a view to harass the applicant, and also taking note of the fact that the applicant is a deserted wife, having no source of income, directed issuance of notice and stayed the further proceedings of the divorce suit.

4. Today, upon the case being taken up, counsel appearing for the opposite party states that he has instructions from the opposite party, not to oppose the present application for transfer.

5. The facts as pleaded on behalf of the applicant-wife indicate that, the opposite party filed the petition under Section 13 of the Hindu Marriage Act 1955, on 20.04.2023, before the Court of Principal Judge, Family Court, Meerut, seeking a declaration that the marriage dated 21.02.2020 be dissolved. The said petition was registered as Case No. 925 of 2023 (Umakant v. Arju). Notice of the said proceedings has been served upon the applicant and the matter is pending before the Family Court, Meerut.

6. The applicant is stated to be presently residing at her parental home along with her minor daughter. According to the applicant, attending the proceedings at Meerut would cause inconvenience and hardship. In these circumstances, the present application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of the divorce case pending before the Family Court, Meerut.

7. This Court has considered the pleadings on record, the submissions made, and the statutory scheme of Section 24 of the Code of Civil Procedure.

8. Section 24 CPC confers a 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 application of any of the parties or even suo motu. The provision is intended to ensure fair trial, avoid hardship, and secure proper administration of justice.

9. It is a settled principle that ordinarily the plaintiff, being dominus litis, has the right to choose the forum of institution, and such choice should not be lightly interfered with. However, this right is not absolute. Section 24 CPC constitutes an exception to the general rule and empowers the Court to override such choice where the ends of justice so demand.

10. In the present case, it is significant to note that the respondent has expressly stated that he does not wish to oppose the transfer application. The fact that the transfer is not contested and is, in effect, by consent of the parties is a relevant and material consideration. Though Section 24 CPC does not expressly use the expression "transfer by consent", nothing in the provision prohibits the Court from ordering transfer where both parties agree or where the opposite party raises no objection.

11. Where the