Wife’s Convenience Predominates in Section 24 CPC Transfer Petitions Particularly Regarding Childcare and Significant Distance

The applicant (wife) filed an application under Section 24 of the Code of Civil Procedure, 1908, seeking the transfer of a matrimonial suit (HMP No. 394 of 2025) from the Family Court at Bhavnagar to the Family Court at Jamnagar.

The opponent (husband) had instituted the divorce proceedings in Bhavnagar.

The applicant currently resides in Jamnagar with her nine-year-old daughter and is employed there on a contractual basis.

The opponent is a permanent government employee in Bhavnagar and opposed the transfer citing medical issues (Type-2 diabetes) and the responsibility of caring for his elderly father, a heart patient.

1. Whether the matrimonial proceedings should be transferred from Bhavnagar to Jamnagar based on the "hardship and inconvenience" caused to the applicant-wife.

Section 24 of the Code of Civil Procedure, 1908, regarding the general power of transfer.

In matrimonial transfer disputes, the convenience of the wife and the welfare of the child are paramount considerations, 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 weighed the competing hardships of both parties and noted the distance between Jamnagar and Bhavnagar is approximately 250 kilometers, requiring a 6 to 8-hour journey.

The court found that the applicant’s burden was higher because she must care for a minor daughter and holds a less flexible contractual job, whereas the opponent holds a permanent position.

While acknowledging the opponent's medical condition and parental responsibilities, the court reasoned that these could be mitigated by the use of video conferencing technology.

The court also facilitated a compromise regarding visitation, noting the applicant’s consent to allow the opponent to meet the child when he attends court proceedings in Jamnagar personally.

The court directed the transferee court (Jamnagar) to allow the opponent to appear via video conferencing for routine proceedings unless his physical presence is strictly required for cross-examination.

The applicant was further directed to facilitate meetings between the minor daughter and the opponent on days he attends the Jamnagar court physically, provided he gives one day's advance notice.