Distance and pending local proceedings justify transferring matrimonial suits to the wife's place of residence.

The applicant (wife) filed a transfer application seeking to shift Family Suit No. 15 of 2025 (Old HMP No. 43 of 2023) from the Family Court at Veraval to the Family Court at Vadodara

The applicant is currently residing in Vadodara, which is approximately 480 kms away from Veraval

Furthermore, the applicant has already instituted maintenance proceedings against the opponent (husband) which are currently pending before the Competent Courts in Vadodara

The opponent did not appear to contest the application, leaving the applicant’s averments uncontroverted

Whether the matrimonial proceedings instituted by the husband at Veraval should be transferred to Vadodara on the grounds of hardship and inconvenience to the wife

The Court primarily exercised its discretionary powers regarding the transfer of matrimonial disputes, prioritizing the convenience of the wife in such litigations.

In matrimonial transfer petitions, the convenience of the wife is a paramount consideration, relying on precedents in Smita Singh v. Kumar Sanjay (AIR 2002 SC 396) and N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (2022 SCC OnLine SC 1199).

The Court observed that the distance of 480 kms between Vadodara and Veraval poses a significant hardship for the applicant to attend proceedings in Veraval

It noted that the opponent is already required to travel to Vadodara to attend separate maintenance proceedings initiated by the applicant

Since the husband did not contest the transfer application, the Court accepted the wife’s plea of inconvenience as valid

To balance the interests of both parties, the Court provided for the opponent’s participation via video conferencing/online mode where his physical presence is not mandatorily required

The Court further ordered that the opponent be permitted to request participation through video conferencing at the discretion of the Family Court, Vadodara, unless his physical presence is essential at a particular stage of the proceedings. Rule was made absolute.