Family Suit Can Be Transferred To Wife's Place Of Residence Over Hardship Caused Due To Travel, Child-Care Duties: Gujarat High Court
The Gujarat High Court transferred a matrimonial suit from Family Court Morbi to the Court at Kutch after noting that the wife was living in Kutch district and travelling to Morbi to attending proceedings was causing her great hardship. [2026 LiveLaw (Guj) 261]In doing so the court noted that the inconvenience that was being caused to the wife was much higher as she was also taking care of...
The Gujarat High Court transferred a matrimonial suit from Family Court Morbi to the Court at Kutch after noting that the wife was living in Kutch district and travelling to Morbi to attending proceedings was causing her great hardship. [2026 LiveLaw (Guj) 261]
In doing so the court noted that the inconvenience that was being caused to the wife was much higher as she was also taking care of the couple's minor child.
The husband had filed a matrimonial suit before the Family Court Morbi, which the wife claimed was far away from her residence at Rapar in district Kutch. She submitted that the distance between Rapar and Morbi is around 100 Kilometres one way and the applicant is also required to look after her minor girl child.
She further said that the husband was not paying her maintenance despite order passed by the Family Court. She said that travelling to Morbi to attend the proceedings is causing her great inconvenience and hardship.
Husband said that the applicant can attend the suit proceedings through video conferencing.
Justice Maulik J Shelat noted that the despite the order of maintenance passed by the Family Court concerned, the husband failed to pay the maintenance for which he was subjected to imprisonment and after clearing the dues, he has recently come out from jail.
"Prima facie, this Court has reason to believe that the opponent is not in a position to pay regular maintenance to maintain the applicant and his minor girl child. Thus, considering overall facts and circumstances of the case as also keeping in mind the inconvenience that may cause to the applicant vis-à-vis the respondent which is much higher, this Court is inclined to exercise discretion in favour of the applicant," the court said.
The court directed that the suit be transferred to the Court at Bhachau, Kutch.
"After the transfer of the above proceedings, it is requested to concerned Court at Bhachau to see that transferred family suit proceedings be heard by same court..." the court said.
The court also said that the husband can request the concerned Court to join the proceedings through video conferencing /online mode and if such a request is made by the opponent, the Court concerned may also consider the same unless the physical presence of the opponent is required to attend the proceedings at a particular stage of proceedings.
The plea was allowed.
Case title: X v/s Y
R/MISC. CIVIL APPLICATION (FOR TRANSFER) NO. 1136 of 2026
Citation: 2026 LiveLaw (Guj) 261