Matrimonial suits may be transferred to the wife’s forum to consolidate interconnected maintenance proceedings.

The applicant-wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 188 of 2025, instituted by the respondent-husband under Section 9 of the Hindu Marriage Act before the Family Court, Morbi, to the Family Court, Ahmedabad.

The applicant was residing with the minor child at Ahmedabad and had instituted maintenance proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, being Criminal Miscellaneous Application No. 3380 of 2025, before the Family Court, Ahmedabad.

She had also initiated proceedings under the Domestic Violence Act before the competent court at Ahmedabad.

The respondent opposed the transfer, contending that the applicant could participate in the Morbi proceedings through video conferencing and that he was required to care for his aged parents at Morbi.

Whether Family Suit No. 188 of 2025 pending before the Family Court, Morbi, ought to be transferred to the Family Court, Ahmedabad under Section 24 CPC, considering the pendency of connected proceedings between the parties at Ahmedabad?

Whether the respondent’s concerns regarding care of his aged parents and the possibility of the applicant attending through video conferencing justified refusal of the transfer?

The Court applied Section 24 of the Code of Civil Procedure, 1908, which empowers the High Court to transfer a suit or proceeding where such transfer is considered expedient for the ends of justice.

The Court considered the desirability of having connected matrimonial and maintenance proceedings heard by the same court, particularly where parallel proceedings between the parties are pending at one place.

The Court relied on the Supreme Court’s decisions 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; 2022 LiveLaw (SC) 627, concerning transfer of matrimonial proceedings and the interests of convenience and justice.

The proceedings involved Section 9 of the Hindu Marriage Act, Section 144 of the BNSS, and proceedings under the Domestic Violence Act.

The Court found that the applicant’s maintenance proceedings under Section 144 BNSS were already pending before the Family Court, Ahmedabad, while the respondent’s matrimonial suit was pending at Morbi.

The applicant had also instituted Domestic Violence Act proceedings at Ahmedabad.

Since the respondent was required to attend the proceedings at Ahmedabad, transferring the Morbi suit would enable the connected proceedings to be heard and decided by the same Family Court, thereby promoting convenience, consistency, and the ends of justice.

The respondent’s submission regarding his aged parents did not outweigh these considerations.

The Court also preserved procedural flexibility by permitting the respondent to seek participation through video conferencing, subject to the Family Court’s assessment of whether his physical presence was necessary at any particular stage.

Family Suit No. 188 of 2025 pending before the Family Court, Morbi, was transferred to the Family Court, Ahmedabad, where it was directed to be heard along with Criminal Miscellaneous Application No. 3380 of 2025 under Section 144 BNSS.

The respondent was permitted to request common dates for the matrimonial suit and maintenance proceedings, and to seek participation through video conferencing, subject to the Family Court’s discretion.

The Rule was made absolute to that extent, with no order as to costs.