Priority of wife’s convenience and consolidation of pending litigations justifies transfer of matrimonial proceedings.

The applicant (wife) moved the High Court of Gujarat seeking the transfer of Family Suit No. 22 of 2025 from the Family Court, Zalod (Dahod District) to the Family Court, Rajkot

The applicant resides in Rajkot with her minor child, which is over 400 km away from Zalod

Notably, the opponent (husband) had already instituted proceedings under the Guardians and Wards Act, 1890, against the applicant in Rajkot (CMA/19/2024), and a maintenance proceeding filed by the applicant is also pending in Rajkot

Despite being served notice on February 12, 2026, the opponent failed to appear or contest the application

1. Whether the matrimonial proceedings initiated by the husband in Zalod should be transferred to Rajkot based on the convenience of the wife and the existence of concurrent litigation in the transferee court.

The court exercised its discretionary power of transfer under the Code of Civil Procedure (implied by the nature of the Misc. Civil Application for transfer).

The court relied on the principle of balance of convenience, particularly focusing on the hardship faced by a wife traveling long distances (400 km) with a minor child

Additionally, the court applied the principle of avoiding multiplicity of proceedings by ensuring that matters involving the same parties and related subject matter (Guardians and Wards Act and maintenance) are heard by the same forum to ensure judicial consistency

The court found the applicant's averments uncontroverted as the opponent chose not to appear despite service of notice

The Judge observed that requiring the applicant to travel 400 km one way with a minor child presented a significant hardship

Furthermore, since the opponent had voluntarily submitted to the jurisdiction of the Rajkot Family Court by filing a guardianship petition (CMA/19/2024) there, transferring the Zalod suit would not cause him undue prejudice

The court reasoned that for the interest of justice and administrative efficiency, the suits should be heard together in Rajkot

To mitigate any potential hardship to the opponent, the court allowed for his appearance via video conferencing or online mode upon request

The Court directed the Principal Judge, Family Court, Rajkot, to ensure the transferred suit is heard alongside the existing guardianship proceeding (CMA/19/2024)

The opponent was granted liberty to request participation via video conferencing unless physical presence is mandatorily required at a specific stage of the trial