Gujarat HC Transfers Husband’s Valsad Family Suit To Surat, Where Wife Lives And Seeks Maintenance While Caring For Two Minor Children

The applicant, the opponent’s wife, resided at Surat and sought transfer of Family Suit No. 23 of 2026, instituted by the opponent before the Family Court, Valsad, to the Family Court, Surat.

She also had an application under Section 144 of the BNSS pending before the Family Court, Surat, and responsibility for two minor children.

The opponent was served but did not appear, despite being given a further opportunity to contest the transfer application.

The Court relied on Sumita Singh v. Kumar Sanjay, AIR 2002 SC 396, and N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199; 2022 LiveLaw (SC) 627, as authorities relevant to the transfer of matrimonial proceedings.

Section 144 of the BNSS was mentioned as the basis of the applicant’s pending maintenance application, not as the basis for transfer.

The Court considered the applicant’s residence at Surat, her responsibility for two minor children, and the pending maintenance application there.

The opponent’s failure to appear left those averments uncontroverted, and the Court had previously found that the application warranted consideration.

Applying the cited Supreme Court authorities, the Court accepted the applicant’s transfer request.

It also provided that the opponent could seek to participate remotely, subject to the concerned court’s assessment of whether physical presence was required.

The opponent may request video-conference or online participation, which the receiving court may consider unless physical attendance is required.

The Rule was made absolute.