Court Emphasizes Protective Discrimination and Convenience of Weaker Party in Matrimonial Proceedings Under Section 24 CPC
In a significant ruling aimed at ensuring substantive access to justice for women in matrimonial disputes, the Gujarat High Court, presided over by Justice D.N. Ray, ordered the transfer of a Family Suit from the Family Court at Amreli to the Family Court at Junagadh. The decision was rendered on October 13, 2026, in Miscellaneous Civil Application (For Transfer) No. 742 of 2026 filed by Purvaben, the wife, against her husband, Hirenbhai Chaganbhai Solanki.
The petitioner, Purvaben, contended that she had no substantial source of income and faced considerable financial difficulty in attending court proceedings at Amreli, which is approximately 100 kilometers from Junagadh, her place of residence. She sought the transfer of the matrimonial suit to the Family Court at Junagadh to alleviate the financial and logistical hardships caused by frequent travel.
Opposing the transfer, the respondent raised objections, but the Court emphasized that at the transfer stage, the merits of the matrimonial dispute are not to be adjudicated. Instead, the primary focus is on the convenience of the weaker party, typically the wife, and ensuring that procedural barriers do not impede access to justice.
The Court invoked the principle of protective discrimination enshrined under Article 15(3) of the Indian Constitution, which permits special provisions for women and children. It held that such discrimination is essential in the social context to bridge inherent inequalities and provide substantive social justice.
Referring to the Supreme Court's precedent in N.C.V. Aishwarya v. A.S. Saravana Karthik Shah (2022 LiveLaw (SC) 627), the Court reiterated that the ends of justice demand consideration of the economic status, social background, and convenience of the parties, particularly the wife, in matrimonial transfers. The Court also stressed the desirability of consolidating multiple proceedings between the same parties to avoid multiplicity of litigation and conflicting decisions.
In light of these considerations, the Gujarat High Court allowed the transfer petition, directing that Family Suit No. 125 of 2025 pending before the Family Court at Amreli be transferred to the Family Court at Junagadh along with all ancillary proceedings. The Court further directed that the trial courts endeavor to hear all related matters together to avoid duplication and conflicting judgments.
This judgment underscores the judiciary's commitment to protective discrimination and the principle that legal processes should not become an additional burden on parties who are already in vulnerable positions, particularly women in matrimonial disputes.
Bottom Line:
Transfer of matrimonial proceedings - In considering transfer under Section 24 of the Code of Civil Procedure, the convenience of the wife/weaker party is the primary consideration - Protective discrimination in favour of women may be applied to ensure real access to justice - Family Suit transferred from Amreli to Junagadh considering applicant-wife's financial hardship and inconvenience of travel.
Statutory provision(s):
Civil Procedure Code, 1908 Section 24, Constitution of India Article 15(3)
Purvaben v. Hirenbhai Chaganbhai Solanki, (Gujarat) : Law Finder Doc Id # 2999344
