Facts
The applicant-wife sought the transfer of Family Suit No. 51 of 2025 (filed by the respondent-husband for restitution of conjugal rights) from the Family Court, Dhoraji, to the Family Court, Rajkot
Source reference: p.1The applicant alleged that the respondent fraudulently registered a marriage certificate on June 19, 2025, without an actual marriage ceremony, leading her to file a criminal complaint in Rajkot
Source reference: p.2The applicant has already instituted Family Suit No. 899 of 2025 for nullity of marriage in Rajkot
Source reference: p.3The respondent also initiated proceedings under Section 100 of the BNSS in Rajkot, where he listed his own address as Rajkot
Source reference: p.2, 4The applicant argued that traveling 90 kilometers to Dhoraji causes financial hardship and inconvenience
Source reference: p.4, 6Issues
1. Whether the matrimonial proceedings pending before the Family Court, Dhoraji, should be transferred to the Family Court, Rajkot, under Section 24 of the Code of Civil Procedure, 1908, based on the convenience of the wife?
Source reference: p.1, 5Law Applied
Section 24 of the Code of Civil Procedure, 1908, which grants discretionary power to the High Court to transfer suits
Source reference: p.1, 5In matrimonial transfer disputes, the wife’s convenience and hardship must be given primary importance, as established in Sumita Singh v. Kumar Sanjay (AIR 2002 SC 396)
Source reference: p.5Reasoning
The court observed that multiple litigations between the parties are already concentrated in Rajkot, including the wife’s suit for nullity and the husband’s own criminal application under the BNSS
Source reference: p.4, 5The court noted that the respondent-husband effectively resides in Rajkot as per his own filings, yet initiated the Section 9 Hindu Marriage Act suit in Dhoraji, which the court viewed as an attempt to harass the applicant
Source reference: p.4Applying the Sumita Singh principle, the court found that the 90-kilometer distance and the applicant's financial constraints constituted significant domestic and legal hardship
Source reference: p.6In the absence of a contest from the respondent-husband despite being served notice, the court deemed the applicant’s prayer for transfer justified to ensure the interest of justice
Source reference: p.4, 6Holding
The court answered the issue in the affirmative and allowed the application
The High Court ordered the transfer of Family Suit No. 51 of 2025 from the learned Family Court, Dhoraji, to the learned Family Court, Rajkot, for hearing and final disposal
Source reference: p.6No order was made as to costs
Source reference: p.6Original Court PDF
PRIYANKA KAPILBHAI SAMEJAvsAJAYSINH GAMBHIRSINH ZALA
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