Gujarat HC Rejects Wife’s Transfer Plea, Allows Video Attendance in Husband’s Surendranagar Suit Except When Personally Needed; Husband To Pay ₹2,000 Per Visit

The applicant sought transfer under Section 24 of the Code of Civil Procedure, 1908 (CPC), of Family Suit No. 78 of 2024 from the Family Court, Surendranagar, to the Family Court, Mundra (Kachchh).

The suit had reached the stage of evidence of the defendant, who was the applicant.

The opponent also submitted that the applicant had previously pursued a Section 125 CrPC proceeding at Surendranagar while residing in Mandvi, Kachchh, and had travelled there to participate.

The opponent offered to pay her ₹2,000 for each personal appearance in the suit.

Section 24 CPC empowers the High Court to transfer proceedings between courts within its jurisdiction.

The Court also referred to the applicant’s prior Section 125 CrPC proceeding as part of the factual context, but did not apply that provision as a rule governing the transfer application.

The Court declined transfer in view of the suit’s advanced stage and the applicant’s prior participation in proceedings at Surendranagar despite residing in Kachchh.

To mitigate the inconvenience of attending the suit, it permitted the applicant to appear by video conference unless her personal presence was required for cross-examination or otherwise.

It also gave effect to the opponent’s undertaking to pay ₹2,000 for each occasion on which she personally attended.

It permitted video-conference participation subject to the stated exception, directed the parties to cooperate, requested the Family Court to decide the suit as early as possible—preferably within one year of receiving the order—and directed payment of ₹2,000 for each personal appearance by the applicant.

The applicant was also permitted to approach the DLSA, Surendranagar, for legal aid, and its Secretary was requested to act promptly upon such an approach.