The Gujarat High Court has transferred a family suit pending before the Family Court at Morbi to the concerned court at Bhachau, Kutch, after considering the difficulties faced by the wife in travelling from Rapar to Morbi and her responsibility of caring for her minor daughter.
Justice Maulik J. Shelat passed the order on September 25, 2026, in a transfer application filed under Section 24 of the Code of Civil Procedure, 1908 (CPC).
Background
The applicant-wife was residing at her parental home in Rapar, Kutch, while the husband had instituted Family Suit No. 4 of 2026 before the Family Court at Morbi. The court noted that Rapar and Morbi were around 100 kilometres apart one way.
The wife submitted that travelling to Morbi caused considerable inconvenience, particularly because she was also required to look after her minor girl child. She further pointed out that she had instituted maintenance proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), in which a maintenance order had already been passed.
The husband opposed the transfer application. His counsel submitted that the wife could attend the proceedings through video conferencing and that no sufficient hardship had been established. It was also submitted that financial difficulties had affected his ability to pay the maintenance ordered by the court.
After examining the pleadings and documents, the High Court took note of the distance between the two places as well as the wife’s responsibility towards her minor daughter. The Court also considered the circumstances surrounding the maintenance proceedings.
The Court observed:
"Having heard learned advocate for the respective parties and upon perusal of the pleadings and documents annexed therewith, it appears that the applicant, being the wife of the opponent, is residing at her parental home at Rapar, Kutch which is around 100 Kilometres away Morbi where the opponent has instituted the family suit. Apart from the aforesaid fact, the applicant is also required to look after the welfare of her minor girl child who is residing with her."
The Court further noted that despite the maintenance order, the husband had not paid the amount, had subsequently been imprisoned in connection with the dues, and had recently come out after clearing them. Considering the overall circumstances, the Court found that the inconvenience to the applicant was greater and decided to exercise its discretion in her favour.
The Gujarat High Court allowed the application and directed that Family Suit No. 4 of 2026 pending before the Family Court at Morbi be transferred to the concerned Court at Bhachau, Kutch.
The Court also requested the Bhachau court to consider hearing the transferred family suit and the pending maintenance proceedings together.
It further permitted the husband to seek participation through video conferencing or online mode, subject to the court requiring his physical presence at any particular stage.
Case Details
Case Title: X and Y
Case Number: R/Misc. Civil Application (For Transfer) No. 1136 of 2026
Judge: Justice Maulik J. Shelat
Decision Date: September 25, 2026
