High Court of Gujarat
R/Misc. Civil Application (For Transfer) No. 961 of 2026
August 14, 2026
Mr. Justice Maulik J. Shelat
Mitalben Girishbhai Solanki(Applicant / Wife)vs.Girish Kanjibhai Solanki(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
A wife filed a transfer application under Section 24 of the Code of Civil Procedure seeking to move a matrimonial suit instituted by her husband from the Family Court at Ahmedabad to the Family Court at Surendranagar. The husband had filed Family Suit No. 471 of 2026 under Section 9 of the Hindu Marriage Act for restitution of conjugal rights in Ahmedabad, while two other family proceedings were already pending between the couple in Surendranagar. The wife sought the transfer because traveling the 175 km distance each way between Surendranagar and Ahmedabad caused her severe physical hardship and inconvenience.
Key Arguments
- Arguments by the Wife (Applicant):
- Traveling approximately 175 km one way between Surendranagar and Ahmedabad causes great hardship and inconvenience.
- Two other legal proceedings between the parties are already pending before the Family Court at Surendranagar, including a divorce petition filed by the wife (HMP Suit No. 4 of 2025) and a child custody petition filed by the husband himself (Civil Misc. Application No. 46 of 2024).
- Arguments by the Husband (Opponent):
- The husband acknowledged the pending divorce and child custody cases in Surendranagar.
- He agreed that if the court transferred his restitution suit from Ahmedabad to Surendranagar, all three cases should be consolidated and decided together by one Family Court, and requested permission to join proceedings online via video conferencing.
What Did the Court Decide
The High Court allowed the transfer application and ordered Family Suit No. 471 of 2026 to be transferred from the Family Court at Ahmedabad to the Family Court at Surendranagar. The Court gave the following directions:
- Consolidation of Proceedings: The Principal Judge at Surendranagar Family Court was requested to ensure that the transferred restitution suit is heard and decided together with the pending divorce case (HMP Suit No. 4 of 2025) and the child custody petition under the Guardians and Wards Act (Civil Misc. Application No. 46 of 2024).
- Common Dates for Hearings: The husband was permitted to request common hearing dates for all three consolidated cases.
- Virtual Hearing Option: The Court allowed the husband to participate in court proceedings via video conferencing or online mode, unless his physical presence is strictly required at a specific stage.
- Reliance on Precedents: The decision relied on binding Supreme Court precedents (Smita Singh v. Kumar Sanjay, N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, and Ruchi Majoo v. Sanjeev Majoo) prioritizing convenience and consolidated trials in matrimonial disputes.
Why This Judgment Matters to Everyday Citizens
This judgment demonstrates how courts prevent multi-city legal conflicts and minimize travel stress for families undergoing matrimonial disputes [3–5, 7]. In practical terms, it ensures that when multiple court cases (such as divorce, child custody, and restitution of conjugal rights) are filed between the same couple across different districts, all proceedings can be combined and decided by a single court where the wife resides [3–6]. Furthermore, by granting the out-of-station spouse permission to attend hearings online through video conferencing, the court balances fairness, reduces travel expenses, and saves valuable time for both parties.
Applicable Laws and Sections
Acts Applicable
- Code of Civil Procedure, 1908 (CPC)
- Hindu Marriage Act, 1955
- Guardians and Wards Act, 1890
Key Sections
- Section 24, Code of Civil Procedure, 1908: Empowers High Courts to transfer suits or legal proceedings from one subordinate court to another for comparative convenience and consolidated justice.
- Section 9, Hindu Marriage Act, 1955: Authorizes a spouse to file a legal petition for restitution of conjugal rights seeking a court order directing the other spouse to return to the matrimonial home.
- Section 25, Guardians and Wards Act, 1890: Governs legal proceedings regarding the custody and guardianship of a minor child.