In matrimonial transfer applications under Section 24 of the CPC, the court should prioritize the wife's convenience, considering factors like financial constraints, distance, and care for elderly parents, as her inconvenience is a significant factor in exercising discretionary power.

JUDGMENT

1. The present Application is filed under Section 24 of the Code of Civil Procedure, 1908 (hereinafter, referred to as “CPC”) praying for the transfer of Family Suit No. 238 of 2025 pending before the learned Family Court at Bhavnagar to the competent Court at Jamkhambhalia.

2. Heard learned advocate Mr. Harshil Dattani for the applicant. Though served, none appeared for the respondent.

3. The brief facts of the case are as under:

3.1. The marriage between the parties was solemnized on 02.12.2024 at Bhavnagar as per the Hindu Marriage Rites and Ceremonies. After some time of marriage, disputes cropped up, and, resultantly, parties separated. Thereafter, wife filed an application under the provisions of the Domestic Violence Act being Criminal Miscellaneous Application No. 126 of 2025 before the learned Principal Judge, Family Court, Khambalia. Thereafter, the respondent – husband filed the Family Suit being Family Suit No. 238 of 2025 before the learned Family Court, at Bhavnagar under Section 13(1)(a) of the Hindu Marriage Act for a decree of divorce. Therefore, applicant - wife has preferred present application seeking transfer of family suit filed by respondent - husband.

4. Learned advocate for the applicant submits that the marriage between the parties was solemnized on 02.12.2024 at Bhavnagar as per the Hindu Marriage Rites and Ceremonies.. The parties are living separately as of today. It is submitted that the applicant – wife has filed an application under the provisions of the Domestic Violence Act being Criminal Miscellaneous Application No. 126 of 2025 before the learned Principal Judge, Family Court, Khambalia. In the said proceedings, the respondent – husband has appeared and contested the application. Thereafter, the respondent – husband has filed the Family Suit No. 238 of 2025 before the learned Principal Family Court, at Bhavnagar under Section 13(1)(a) of the Hindu Marriage Act for a decree of divorce. It is submitted that the distance between Bhavnagar and khambhalia is approximately 350 kms. one way. It is further submitted that the parents of the applicant – wife are senior citizens and she has to look after them also. The applicant having no source of income and has to maintain and look after the parents, therefore, it is difficult for her to travel and attend the proceedings at Bhavnagar. Learned advocate for applicant urged to allow the present application by transferring the Family Suit No. 238 of 2025 from learned Family Court, Bhavnagar to competent Court at Khambalia, considering the financial constraints of the applicant – wife and in the larger interest of justice. Except above, no other submissions were made by learned advocate for applicant.

5. I have considered the submissions canvassed by learned advocate for the applicant and the averments made in the application. Considering the facts of the present case, it would be very difficult for the applicant being a lady to attend the Court proceedings before the learned Family Court at Bhavnagar from Khambalia. The distance between the aforesaid two places is approximately 350 kms. one way and she has to look after her parents who are senior citizens. The application, therefore, needs consideration.

6. It will not be out of place to refer the case of Sumita Singh Vs. Kumar Sanjay , AIR 2002 SC 396, wherein the Hon’ble Apex Court has observed that the wife’s inconvenience must be given due importance while deciding application under Section 24 of CPC. The power vests under Section 24 of CPC is a discretionary power and Court may or may not exercise such discretion. In the present case, looking to the financial constraints of applicant – wife as averred in the application and in absence of any serious contest on this aspect by respondent as well as the distance between Bhavnagar and Khambalia, it will be difficult for the applicant – wife to travel to attend the Court proceedings on each and every adjournment.

7. Under these circumstance