Transfer of matrimonial suit granted to place of wife's residence considering distance and pending litigation.

The applicant-wife filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking the transfer of Family Suit No. 06 of 2026 from the Family Court at Morbi to the Family Court at Khambhaliya (Bhanvad)

The applicant resides in Bhanvad, Devbhoomi Dwarka, while the respondent-husband instituted the matrimonial suit in Morbi, approximately 180 kilometers away

The applicant argued that she had already filed a domestic violence complaint pending in Bhanvad, which the respondent attends, and that the Morbi suit was filed as a "counterblast"

Despite being served notice on April 16, 2026, the respondent failed to appear or oppose the application

1. Whether the matrimonial proceedings should be transferred under Section 24 of the CPC based on the hardship and inconvenience caused to the wife due to the distance between the two jurisdictions.

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

It relied specifically on the legal ratio established by the Hon’ble Supreme Court 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), which emphasize prioritizing the convenience of the wife in matrimonial transfer petitions

The Court found that the distance of 180 kilometers (one way) between Bhanvad and Morbi would cause "great hardship and inconvenience" to the applicant if she were required to attend proceedings in Morbi

The Court noted that the respondent is already required to travel to Bhanvad to attend the domestic violence proceedings initiated by the applicant

Since the respondent did not appear to contest the application, the applicant’s averments regarding hardship remained uncontroverted

Applying the principle of comparative hardship, the Court determined that the inconvenience to the wife significantly outweighed that of the husband, justifying the exercise of judicial discretion in her favor

The Court directed the concerned court at Khambhaliya to hear the transferred suit alongside the existing proceedings to ensure consistency. Furthermore, the Court granted the respondent the liberty to request common hearing dates and to appear via video conferencing/online mode, unless his physical presence is strictly required at a specific stage of the trial