Transfer of matrimonial and guardianship proceedings to the place of the wife’s residence to mitigate hardship.

The applicant (wife) moved the High Court of Gujarat seeking to transfer two legal proceedings initiated by her husband (the opponent). These include a guardianship petition under the Guardian and Wards Act, 1890, and a divorce suit under the Special Marriage Act, 1954, both filed in the Family Court at Bhiloda.

The applicant resides in Gandhinagar with her minor child and argued that traveling approximately 150 kilometers to Bhiloda causes significant hardship.

The applicant also noted a prior history of litigation where a similar proceeding was previously transferred to Gandhinagar by the High Court in 2019.

1. Whether the legal proceedings pending before the Family Court at Bhiloda should be transferred to the Family Court at Gandhinagar based on the convenience of the wife and the welfare of the minor child.

The Court applied Section 24 of the Code of Civil Procedure, 1908, which grants the High Court discretionary power to transfer suits and proceedings.

The Court relied on established precedents regarding matrimonial transfers, specifically Smita Singh v. Kumar Sanjay (2002) and N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (2022), which emphasize that in matrimonial disputes, the convenience of the wife and the circumstances of minor children are paramount considerations for determining the forum.

The Court reasoned that the applicant would suffer "greater hardships" if the transfer were denied, primarily because she is the sole caretaker of a minor child.

The Court observed that the distance of 150 kilometers between the two cities presented a practical barrier to her participation in the Bhiloda proceedings.

The Court noted that the opponent failed to contest the application despite being served notice.

Highlighting judicial consistency, the Court pointed out that a similar transfer had been granted between these same parties in 2019 for related litigation, justifying the present request for transfer to Gandhinagar.

The Court provided the opponent the liberty to request participation in the proceedings through video conferencing or online modes, provided his physical presence is not specifically required by the Family Court at a particular stage of the trial.