Court Prioritizes Wife's Convenience in Consent-Based Transfer under Section 24 of CPC
In a significant judgment dated January 30, 2026, the Allahabad High Court, presided over by Dr. Yogendra Kumar Srivastava, J., granted the transfer of a matrimonial case from the Family Court in Meerut to the Family Court in Baghpat. The decision comes in light of the hardship and inconvenience faced by the applicant-wife, Smt. Arju @ Vimal, who is residing with her minor daughter at her parental home in Baghpat. The transfer was sought under Section 24 of the Civil Procedure Code, 1908, and notably, the respondent-husband, Umakant Parasar, expressed no objection to the application, facilitating a consent-based transfer.
The case, initially registered as Case No. 925 of 2023 under Section 13 of the Hindu Marriage Act, 1955, sought the dissolution of the marriage dated February 21, 2020. The applicant-wife contended that attending the proceedings in Meerut would pose significant difficulty given her circumstances, including being a deserted wife with no source of income. The Court, upon reviewing the situation, emphasized the importance of ensuring a fair trial and proper administration of justice, which aligns with the discretionary powers conferred under Section 24 CPC.
This statutory provision allows for the transfer or withdrawal of suits, appeals, or other proceedings at any stage by the High Court or District Court, either on the application of any of the parties or even suo motu. It serves as an exception to the general rule of 'dominus litis' which typically allows the plaintiff to choose the forum of institution. However, in matrimonial disputes, the balance of convenience often favors the wife's convenience, a principle the Court upheld in this judgment.
The Court acknowledged that the consent expressed by the respondent-husband to the transfer is a crucial factor in the decision-making process. It underscored that when both parties agree or the opposite party raises no objection to the transfer, it significantly aids in advancing the interests of justice, avoiding procedural contest, and expediting adjudication. Such a consensual transfer avoids any prejudice to either side and supports the proper administration of justice.
The judgment highlights the discretion vested in the Court under Section 24 CPC, which must be exercised to serve the ends of justice, particularly in matrimonial disputes where the socio-economic context demands prioritizing the wife's convenience. The Court directed the Principal Judge of the Family Court in Meerut to transmit the entire case record to the Family Court in Baghpat within fifteen days. The transferee court was instructed to proceed expeditiously from the stage at which the case was transferred.
This decision reflects the judiciary's sensitivity to the socio-economic challenges faced by women in matrimonial disputes and its commitment to ensuring justice is accessible and fair.
Bottom Line:
Matrimonial disputes - Transfer of case under Section 24 CPC - Priority to wife's convenience in Indian socio-economic context - Transfer allowed by consent of parties to subserve ends of justice.
Statutory provision(s): Section 24 of the Civil Procedure Code, 1908, Section 13 of the Hindu Marriage Act, 1955
Smt. Arju @ Vimal v. Umakant Parasar, (Allahabad) : Law Finder Doc id # 2846496
