Under Section 24 of the CPC, the court exercises discretionary power to transfer matrimonial proceedings to the wife's place of residence, prioritizing her convenience and financial constraints to ensure access to justice.

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. 737 of 2024 pending before the learned Family Court at Vadodara to the competent Court at Surat.

2. Heard learned advocate Mr. Karan Vyas 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 31.10.2023 at Vadodara. Disputes cropped up between the parties. Thereafter, applicant – wife has filed an application under Section 12 of The Protection of Women from Domestic Violence Act, 2005 against the respondent – husband as well as his family members before the learned Additional Chief Judicial Magistrate at Surat, being Cr.MA No. 529 of 2024. Thereafter, the respondent – husband has filed the Family Suit No. 737 of 2024 before the learned Civil Judge at Vadodara under Section 9 of the Hindu Marriage Act for the relief of Restitution of Conjugal Rights. Therefore, the present application is preferred by applicant - wife 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 31.10.2023 at Vadodara as per the Hindu Marriage Rites and Ceremonies. It is submitted that the distance between Vadodara and Surat is approximately 150 kms. one way. The parties are living separately as of today. It is further submitted that applicant – wife has filed an application under Section 12 of The Protection of Women from Domestic Violence Act, 2005 against the respondent – husband as well as his family members before the learned Additional Chief Judicial Magistrate at Surat, being Cr.MA No. 529 of 2024. It is submitted that the respondent – husband is attending the said proceedings at Surat and just to harass the applicant, the respondent – husband has filed the Family Suit No. 737 of 2024 before the learned Civil Judge at Vadodara under Section 9 of the Hindu Marriage Act for the relief of Restitution of Conjugal Rights. The distance between Surat and Vadodara is approximately 150 kms one way. The applicant is residing with her parents at Surat and has no source of income. Learned advocate for applicant urged to allow the present application by transferring the Family Suit No. 737 of 2024 from learned Family Court, Vadodara to competent Court at Surat, 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 Vadodara from Surat. The distance between the aforesaid two places is approximately 150 kms. one way. 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 Vadodara and Surat, it will be difficult for the applicant – wife to travel to attend the Court proceedings on each and every adjournment.

7. Under these circumstances, the prayers made by the present applicant requires consideration and therefore, the present application is a