Wife’s convenience and financial hardship prevail over video conferencing options in matrimonial transfer proceedings.

The applicant (wife) moved the High Court of Gujarat under Section 24 of the Code of Civil Procedure, 1908, seeking to transfer Family Suit No. 47 of 2024 from the Family Court at Dhoraji to the Family Court at Rajkot

The applicant asserted that she resides in Rajkot and lacks the financial resources to travel approximately 90 kilometers each way to attend proceedings in Dhoraji

She further noted that the opponent (husband) has failed to pay maintenance despite court orders, leading to recovery proceedings under Section 144(3) of the BNSS

The opponent contested the transfer, suggesting the use of video conferencing and offering to cover travel expenses

Whether the matrimonial proceedings should be transferred to the jurisdiction where the wife resides based on grounds of financial hardship and logistical inconvenience

Section 24 of the Code of Civil Procedure, 1908, which governs the general power of transfer and withdrawal of cases

In matrimonial transfer petitions, the convenience of the wife is a paramount consideration, as established 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)

The Court observed that the applicant is a homemaker with no independent source of income, whereas the opponent is gainfully employed as a supervisor

The Court took particular note of the fact that the opponent had failed to fulfill his maintenance obligations, which validated the applicant's claim of financial distress and inability to bear travel costs

The Court rejected the opponent's objections regarding video conferencing for the wife, noting that it is easier for the husband to utilize such technology or appear in Rajkot than for the wife to travel

Applying the ratio of the cited Supreme Court decisions, the Court determined that the hardships faced by the wife outweighed the opponent's counter-proposals

The Court granted the opponent liberty to request participation via video conferencing or online mode at the Family Court, Rajkot, provided his physical presence is not required for specific stages of the litigation

Rule was made absolute