Wife’s convenience is the paramount consideration in matrimonial transfer applications under Section 24 CPC.

The petitioners (wife and minor daughter) filed a petition under Section 24 of the Code of Civil Procedure, 1908, seeking the transfer of maintenance recovery proceedings (M.J.C. No. 15/2021) from the Family Court, Manendragarh to the Family Court, Baikunthpur

The parties were married in 2018, but matrimonial discord led the wife to initiate proceedings under Section 125 of the CrPC

On 19.05.2022, the Family Court, Manendragarh awarded maintenance of Rs. 4,000 per month; however, the respondent failed to comply, necessitating recovery proceedings

The petitioner currently resides at her sister’s house in Khutarapara (Baikunthpur) with her one-year-old daughter due to financial distress and lacks an independent income

The distance from her current residence to the Manendragarh court is approximately 60 kilometers, whereas the Baikunthpur court is approximately 4–5 kilometers away

The respondent did not appear despite being served notice

Whether the matrimonial/maintenance proceedings should be transferred under Section 24 of the CPC based on the convenience of the wife and minor child

The court primarily applied Section 24 of the Code of Civil Procedure, 1908, regarding the general power of transfer of suits and proceedings

It relied on the Supreme Court precedent N.C.V. Aishwarya v. A.S. Saravana Karthik (2022 SCC Online SC 1199), which established that in matrimonial matters, the wife’s convenience is the cardinal principle and the primary factor to be considered, alongside the economic soundness and social strata of the parties

The court examined the petitioner’s socio-economic circumstances, noting that she is unemployed and responsible for a minor child

The court observed that the 60-kilometer distance to Manendragarh presented a substantial hardship for the petitioner to attend every hearing, especially when contrasted with the 4-5 kilometer distance to the court in Baikunthpur

Applying the principles from N.C.V. Aishwarya, the court reasoned that the "balance of convenience" favored the wife, as the legal system must account for the prevailing socio-economic paradigm where the wife's sustenance often depends on a protective family umbrella

The court further noted that avoiding multiplicity of trials and conflicting decisions is desirable when proceedings are interdependent

It ordered the transfer of M.J.C. No. 15/2021 from the Family Court, Manendragarh to the Family Court, Baikunthpur, District Koriya, for trial and disposal

Both parties were directed to appear before the Family Court, Baikunthpur on 11.05.2026