Convenience of wife and pendency of prior proceedings at her residence justify matrimonial suit transfer.

The applicant (wife) filed a transfer petition under Section 24 of the Code of Civil Procedure seeking to transfer H.M.P. No. 908 of 2024, a matrimonial suit filed by the opponent (husband), from the Family Court, Surat to the Family Court, Dahod.

The applicant resides in Dahod with her minor daughter and has already instituted two other proceedings (maintenance under Section 125 Cr.P.C. and a Domestic Violence Act case) against the opponent in Dahod.

The distance between Dahod and Surat is approximately 300 kilometers.

Despite notice being issued, the opponent refused to accept service.

1. Whether the matrimonial proceedings (HMP No. 908 of 2024) pending before the Family Court, Surat should be transferred to the Family Court, Dahod on the grounds of hardship and convenience of the wife.

The court applied Section 24 of the Code of Civil Procedure, 1908, which grants the High Court discretionary power to transfer suits.

Legal principles established by the Supreme Court in Smita Singh v. Kumar Sanjay (AIR 2002 SC 396) and N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (2022 LiveLaw (SC) 627), which emphasize prioritizing the convenience of the wife and considering the domicile of minor children in matrimonial transfer applications.

The court found that the opponent’s refusal to accept notice justified proceeding with the merits of the application.

Applying the established precedents, the court observed that travel of 300 kilometers one way from Dahod to Surat constitutes "great hardship and inconvenience" for the applicant.

The court noted that because the applicant is already pursuing maintenance and domestic violence litigations in Dahod, and must care for her minor daughter, the balance of convenience heavily favors the transfer.

Since the applicant's averments remained uncontroverted by the opponent, the court determined that the prayer for transfer was legally sound.

The Principal Judge of the Family Court, Surat, was directed to transmit the entire record to the Family Court, Dahod, which shall proceed from the stage at which the matter was received.