Wife’s Convenience Predominates in Section 24 Transfer Petitions Amidst Alleged Harassment and Pending Local Litigations

The applicant-wife and respondent-husband were married on December 6, 2015, and have a five-year-old son.

Due to alleged harassment and lack of financial support, the applicant resides separately and has initiated multiple legal proceedings in Vadodara, including an application for maintenance under Section 125 of the Cr.P.C., domestic violence proceedings, and an FIR under Section 498-A of the IPC.

The husband initially filed a divorce suit (Family Suit No. 2171 of 2024) in Ahmedabad, which was transferred to Vadodara by the High Court in a previous application (MCA No. 2370 of 2024).

Upon transfer, the husband withdrew the divorce suit and subsequently filed a new suit for Restitution of Conjugal Rights (Family Suit No. 3545 of 2025) under Section 9 of the Hindu Marriage Act in Ahmedabad.

Whether the Family Suit filed by the husband in Ahmedabad should be transferred to the Family Court, Vadodara, based on the convenience of the wife and the existence of multiple other proceedings in Vadodara.

The court applied Section 24 of the Code of Civil Procedure, 1908, which grants the High Court discretionary power to transfer suits to ensure the ends of justice.

The court relied on the precedent set in Sumita Singh v. Kumar Sanjay (AIR 2002 SC 396), which establishes the principle that in matrimonial transfer disputes, the convenience of the wife must be given due importance.

The court observed that the husband had previously filed a suit in Ahmedabad which was already once transferred to Vadodara by a prior High Court order, only for the husband to withdraw it and file a fresh proceeding under Section 9 in Ahmedabad.

The court noted that the husband is already appearing in the Vadodara courts for maintenance and domestic violence proceedings.

Applying the Sumita Singh principle, the court analyzed the wife's financial constraints and the logistical difficulties of traveling between Ahmedabad and Vadodara while caring for a minor child.

Given the lack of opposition from the respondent despite being served notice, the court found it just and equitable to consolidate the matrimonial litigation in a single jurisdiction.

The Court allowed the application and directed the transfer of Family Suit No. 3545 of 2025 from the Family Court, Ahmedabad, to the Family Court, Vadodara. No order was made as to costs.