The court prioritizes the wife’s convenience in matrimonial cases during transfer considerations.

ORDER

1. Heard learned Advocate Ms. Raksha S. Dikshit appearing on behalf of the applicant. Though served, none appears on behalf of the respondent.

2. It appears that the respondent-husband had appeared in person before this Court on 13.10.2022 and whereas the respondent had sought for time and even though adequate time had been granted, it appears that the respondent has not engaged any learned Advocate.

3. By way of this application, the applicant has prayed for transferring of Regular Civil Case No. 37 of 2022, pending before the Court of learned Principal Civil Judge, Botad to the learned Family Court at Ahmedabad.

4. Considering the submissions made by learned Advocate Ms. Dikshit, it appears that the parties to the dispute had got married somewhere in the year 2015 and whereas from the wedlock two children are stated to be born. It also appears that later on, on account of certain differences, the parties are now residing separately. It also appears that the present applicant had preferred an application under the provisions of Domestic Violence Act and also preferred an application under Section 125 of Cr.P.C. for grant of maintenance to herself and her children, according to learned Advocate Ms. Dikshit, the applicant has recently preferred an application for divorce.

Having regard to such submissions, in the considered opinion of this Court, the relative inconvenience which would be caused to the husband would be far lesser than the inconvenience which would be caused to the applicant-wife, if the present application were not to be considered by this Court.

5. At this stage, this Court relies upon decision of the Hon'ble Apex Court in case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha , reported in 2022 SCC Online SC 1199 . Paragraph No. 9 of the said decision being relevant for the present purpose is quoted hereinbelow for benefit.

"9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer."

6. Considering the law laid down by the Hon'ble Apex Court and having regard to the facts of the present case, it appears that the present applicant is an unemployed lady residing with her parents and whereas it would cause grave inconvenience to the applicant, if the proceedings of the Regular Civil Case are not transferred.

Furthermore, considering the fact that the respondent would have to travel to Ahmedabad for attending the proceedings under the Domestic Violence Act and/or proceedings under Section 125 of Cr.P.C. preferred by the applicant, therefore the relative inconvenience would be far lesser, if the proceedings are transferred as requested for.

7. Having regard to such a prima faice observations, in the considered opinion of this Court, the present application deserves consideration.

Hence, the proceedings of Regular Civil Case No. 37 of 2022, praying for restituion of conjugal rights under Section 281 of the Muslim Law , pending before the Court of learned Princip