Distance-based hardship and non-payment of maintenance justify transfer of matrimonial proceedings to wife’s place of residence.

The opponent instituted Family Suit No. 166 of 2024 for divorce before the Family Court at Patan.

The applicant resides in Porbandar, which is approximately 450 kilometers from Patan (900 km round trip), causing her significant hardship.

The applicant has initiated maintenance proceedings under the Domestic Violence (DV) Act against the opponent in Porbandar, where the opponent is allegedly in arrears of over Rs.1,50,000/-.

The applicant sought the transfer of the divorce suit from Patan to Porbandar under Section 24 of the CPC.

Whether the applicant-wife has established sufficient grounds of hardship and inconvenience to justify the transfer of the matrimonial proceedings under Section 24 of the CPC.

Section 24 of the Code of Civil Procedure, 1908, regarding the general power of transfer.

In matrimonial disputes, the convenience of the wife is a paramount consideration for transfer applications as established 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 found that the applicant successfully demonstrated hardship due to the 900 km travel distance and the opponent’s failure to pay court-ordered maintenance, which hindered her ability to effectively participate in the Patan proceedings.

The court noted that the opponent is already required to attend DV Act proceedings in Porbandar.

Balancing the relative inconveniences, the court determined that the hardship faced by the wife far outweighed that of the husband.

To mitigate the husband’s inconvenience, the court factored in his request for video conferencing and synchronized hearing dates.

The court directed that both the transferred suit and the existing DV Act proceedings be heard by the same court at Porbandar to ensure common dates.

The court granted the opponent liberty to request appearances via video conferencing/online mode, which the Family Court is to consider unless physical presence is strictly required.