Under Section 24 of the CPC, the court exercises discretionary power to transfer matrimonial proceedings by prioritizing the wife's convenience, considering factors such as distance, financial constraints, and the care of minor children.

JUDGMENT

1. By way of the present application under Section 24 of the Code of Civil Procedure, 1908, the applicant – wife seeks transfer of proceedings of Family Suit (HMP) No.248 of 2025 filed by the respondent – husband pending before learned Family Court, Nadiad to learned Family Court, Bhuj @ Kachchh.

2. Heard learned advocate Mr. Darshil S. Shah for applicant-wife. Though served, none appeared for and on behalf of opponent-husband. Perused the record.

3. Brief facts of the case are as under:

4. The Applicant was lawfully married to the Opponent on 16.04.2018 in accordance with Hindu Rites and Ceremonies. Out of the said wedlock, two daughters were born, namely: Jiya, aged about 5 years and Bhagya, aged about 1½ years. Dispute cropped up between the parties. The Applicant filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 before the Family Court at Bhuj - Kachchh (Family Suit No. 27 of 2025), along with an application under Section 24 seeking interim reliefs. The said proceedings are pending. The Applicant has also initiated maintenance proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which are presently pending before the Family Court at Bhuj -Kachchh. The Opponent, with malafide intention to harass the Applicant, has filed a petition under Section 9 of the Hindu Marriage Act, 1955 (Restitution of Conjugal Rights), being Family Suit No. 248 of 2025 before the Family Court at Nadiad. Hence, seeking transfer of suit filed by respondent – husband, the applicant - wife has filed present application.

5. Learned advocate for the applicant has submitted that the marriage between the parties was solemnized on 16.4.2018 as per Hindu Rights and Ceremonies. Out of wedlock, 2 daughters are born and the custody of both the daughters are with the applicant – wife. The applicant is residing with her parents at Kachchh – Bhuj with 2 minor daughters. The applicant has filed a Divorce Petition being Family Suit No.27 of 2025 before the learned Family Court at Kachchh - Bhuj. The respondent husband is defending the proceedings. It is further submitted that a Criminal Misc. Application No.35 of 2026 is also filed by the applicant wife under Section 144 of BNNS for maintenance. The respondent - husband has been directed to pay an amount of Rs.5,000/- (Rupees five thousand only) monthly. Just to harass the applicant, the respondent has filed Family Suit No.248 of 2025 before the learned Family Court at Nadiad under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The applicant is staying in a village Kotda, where the respondent is staying at Nadiad city. Distance between both the places is approximately 400 kilometers one way. The applicant is having two minor children and cannot travel long distance in absence. Therefore, learned advocate for the applicant has prayed to allow this application. No other submissions are made except the above.

6. Though served, none appeared for and on behalf of respondent – husband.

7. I have considered the averments made in the application and submissions canvassed by the learned advocate for the applicant. Considering the facts of the case, it would be very difÏcult for the applicant being a lady to attend the Court proceedings before the learned Family Court, Nadiad from Kachchh – Bhuj as the distance between the aforesaid two places is 400 kilometers one way and as she has to look after her both the daughters as well as in absence of any challenge by the other side, the application needs consideration.

8. It will not be out of place to refer the case of Sumita Singh Vs. Kumar Sanjay ,