High Court of Gujarat
R/Misc. Civil Application (For Transfer) No. 957 of 2026 (C/MCA/957/2026)
August 21, 2026
Mr. Justice Maulik J. Shelat
Pujaben W/o Mahendrabhai Keshubhai Makwana D/o Mavjibhai Parmar(Applicant / Wife)vs.Mahendrabhai Keshubhai Makwana(Opponent / Husband)
"Disclaimer: This article is a simplified summary of the court judgment prepared for informational and educational purposes only. It does not constitute legal advice or an official legal document. For complete facts and full context, please refer to the official judgment attached below."
What Was the Case About
The applicant-wife, currently residing in Dhrol, Jamnagar, filed a transfer application under Section 24 of the Code of Civil Procedure to move a matrimonial suit instituted by her husband from the Family Court at Gondal to the Family Court at Dhrol. The husband had filed Family Suit No. 13 of 2026 under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights in Gondal. The wife sought the transfer due to the 180 km round-trip travel distance and severe financial hardship, especially since she was receiving no maintenance from her husband and had already instituted domestic violence proceedings against him in Dhrol.
Key Arguments
- Arguments by the Wife (Applicant):
- She resides at Dhrol, Jamnagar, whereas her husband filed a suit under Section 9 of the Hindu Marriage Act before the Family Court at Gondal.
- Traveling between Dhrol and Gondal involves a round-trip distance of approximately 180 km, causing great physical and financial hardship.
- She has already instituted legal proceedings under the Domestic Violence Act against her husband, and he is not providing her with any maintenance.
- Arguments by the Husband (Opponent):
- Despite being duly served with notice on July 05, 2026, the husband chose not to appear or contest the transfer petition, leaving the wife's statements completely uncontroverted.
What Did the Court Decide
The High Court allowed the transfer application and ordered Family Suit No. 13 of 2026 to be transferred from the Family Court at Gondal to the Family Court at Dhrol, Jamnagar. The Court based its decision on the following reasons:
- Greater Hardship to Wife: The 180 km round-trip distance creates significantly higher inconvenience and hardship for the wife compared to the husband, particularly when her statements remain unchallenged.
- Supreme Court Precedents: Following established Supreme Court rulings (Smita Singh v. Kumar Sanjay, N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, and Ruchi Majoo v. Sanjeev Majoo), courts must prioritize the convenience of the wife in matrimonial transfer disputes.
- Option for Online Appearance: The Court clarified that the husband can request the Family Court at Dhrol to permit him to join court proceedings via video conferencing or online mode whenever his physical presence is not strictly required.
Why This Judgment Matters to Everyday Citizens
This judgment reinforces that courts will prioritize convenience and financial reality for wives facing matrimonial disputes across distant towns [4–7, 8]. In real-life terms, it ensures that an estranged wife who receives no financial support cannot be forced to endure expensive and exhausting travel to defend herself against a lawsuit instituted by her husband in a far-off forum. By transferring the proceedings to her place of residence while allowing the husband to join via online video conferencing, the ruling balances legal rights, minimizes travel stress, and promotes equal access to justice.
Applicable Laws and Sections
Acts Applicable
- Code of Civil Procedure, 1908 (CPC)
- Hindu Marriage Act, 1955
- Protection of Women from Domestic Violence Act, 2005
Key Sections
- Section 24, Code of Civil Procedure, 1908: Empowers High Courts to transfer suits or legal proceedings from one subordinate court to another based on comparative convenience and the interests of justice.
- Section 9, Hindu Marriage Act, 1955: Authorizes a spouse to file a legal suit for restitution of conjugal rights seeking a court direction for the other spouse to return to the matrimonial home.