Persistent non-payment of court-ordered maintenance constitutes sufficient ground to transfer matrimonial proceedings.

The applicant-wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Family Suit No. 251 of 2025 instituted by the opponent-husband and pending before the Family Court at Nadiad, District Kheda, to the Family Court at Vadodara.

The opponent was served with notice on 26 May 2026 but did not appear or contest the proceedings despite being granted a final opportunity.

The applicant submitted that, although the competent court had directed the opponent to pay maintenance, he was not regularly complying with that order and arrears of approximately ₹1,00,000 had accumulated.

The averments in the transfer application remained uncontroverted.

1. Whether, in the facts and circumstances, the Family Suit pending before the Family Court at Nadiad, Kheda, ought to be transferred to the Family Court at Vadodara under Section 24 CPC.

2. Whether the applicant-wife’s inability to regularly attend the proceedings, arising substantially from the opponent’s non-payment of court-ordered maintenance, constituted sufficient justification for exercising the Court’s discretionary power of transfer.

The Court applied Section 24 of the Code of Civil Procedure, 1908, which empowers the High Court to transfer or withdraw suits and proceedings where such transfer is considered expedient in the interests of justice.

The Court relied on Smita Singh v. Kumar Sanjay, AIR 2002 SC 396; N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199; and Ruchi Majoo v. Sanjeev Majoo, (2011) 6 SCC 479, reflecting the principle that transfer applications in matrimonial and family proceedings should be determined by balancing the parties’ comparative hardship and advancing the interests of justice.

The Court noted that the opponent had been duly served, had failed to appear, and had left the applicant’s factual assertions uncontested.

On the available material, the Court prima facie accepted that the opponent was not regularly paying maintenance despite an order of the competent court, resulting in arrears of approximately ₹1,00,000.

This non-payment materially impaired the applicant’s ability to attend the proceedings at Nadiad.

Applying the principles governing transfer of matrimonial proceedings and comparing the inconvenience to both parties, the Court found that the applicant would suffer substantially greater hardship if the suit remained at Nadiad.

The Court also preserved the opponent’s ability to participate through video conferencing or other online means, unless his physical presence was specifically required.

Family Suit No. 251 of 2025 pending before the Family Court at Nadiad, Kheda, was ordered to be transferred to the Family Court at Vadodara.

The opponent was permitted to seek participation through video conferencing or online mode, which the concerned Family Court was directed to allow unless physical presence was necessary at a particular stage.