Civil Procedure Code, 1908
Section 24—Exercise of power—Matrimonial matters—Cardinal principle for exercise of power under Section 24 of CPC is that the ends of justice should demand the transfer of suit, appeal or other proceedings—In matrimonial matters, wherever courts are called upon to consider the plea of transfer, the courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life—Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.
[Para 9]
Section 24—Transfer petition—Rejection by High Court—Appeal—Wife seeking transfer of petition filed by husband before Family Court at Vellore to the Family Court at Chennai—When two or more proceedings are pending in different courts between the same parties which raise common question of fact and law, and when the decision in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions—Appellant is a young lady aged about 21 years and is totally dependent on her parents for her livelihood—It is difficult for her to travel all the way from Chennai to Vellore to attend the court proceedings of the case filed by the husband seeking annulment of marriage—It is also just and proper to club all the three cases together to avoid multiplicity of proceedings and conflict of decisions—High Court was not justified in rejecting the transfer petition filed by appellant—Impugned order of High Court is set aside—Petition allowed.
[Paras 8 to 13]