Transfer of matrimonial suit granted upon wife’s request to consolidate proceedings at opponent’s place of residence.

The applicant (wife) instituted Family Suit No. 2630 of 2024 for divorce against the opponent (husband) before the Family Court at Ahmedabad

The opponent resides in Patan

The applicant had previously filed separate proceedings under the Guardians and Wards Act for the custody of their minor son, which is currently pending before the Family Court at Patan

The applicant filed the present miscellaneous civil application under Section 24 of the CPC to transfer the divorce suit from Ahmedabad to Patan to consolidate the litigation in one forum

Despite being served notice on May 18, 2026, the opponent neither appeared nor filed a reply

1. Whether the divorce proceedings initiated by the applicant in Ahmedabad should be transferred to the Family Court, Patan, in the interest of justice and administrative convenience?

Section 24 of the Code of Civil Procedure, 1908, which empowers the High Court to transfer suits or proceedings from one subordinate court to another

The ratio laid down 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 underscore the principles of convenience and the preference for consolidating matrimonial proceedings

The court observed that the applicant-wife, despite being the dominus litis who originally filed the suit in Ahmedabad, now seeks transfer to Patan where the husband resides

The court reasoned that since the opponent (husband) is already attending the Family Court at Patan for the custody matter, no prejudice or harm would be caused to him if the divorce suit is also heard there

The court noted the lack of opposition from the husband despite service of notice

The court emphasized that consolidating the matters would allow for synchronized hearings and common dates, furthering the cause of justice

The transferee court was requested to hear both the divorce suit and the guardianship proceedings together and consider requests for common hearing dates sympathetically

The court granted the opponent liberty to request participation via video conferencing/online mode, unless his physical presence is strictly required at a specific stage