In deciding transfer applications, courts should consider the convenience of both parties, including factors such as distance, travel time, and financial burden, and weigh these factors against any reasonable apprehension of failure of justice.

Dinesh Mehta, J.

The present transfer application has been filed by the petitioner, seeking transfer of Civil Misc. Case No.669/2018 (Vijay Singh Rathore Vs. Smt. Priyanka Shekhawat) pending before the Family Court, No.1, Jaipur Metropolitan under Section 9 of the Hindu Marriage Act to the Family Court, Jodhpur.

2. The facts in a nutshell needed for the purpose of present transfer application are that the petitioner tied nuptial knot with the respondent, as per Hindu customs and rituals on 03.12.2017. No sooner did their marriage take place, than certain differences/disputes arose between them, for which, the petitioner has come down to Jodhpur for living with her parents.

3. Mr. Ajeet Singh Shekhawat, learned counsel appearing for the petitioner, informed that the petitioner is having a Master's degree in Business Administration and her father is serving as Warrant Officer in Indian Air Force Station at Jodhpur, while the respondent husband, resident of Jaipur is serving the Indian Army as a Captain and he is presently posted at Mainpur.

4. Mr. Shekhawat, contended that the respondent husband filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, which is pending at Family Court No.1, Jaipur Metropolitan. Seeking transfer of the said case from Jaipur to Family Court Jodhpur, Mr. Shekhawat contended that the petitioner a lady has to undertake journey of about 350 kms to participate in the proceedings lodged by the respondent at Jaipur.

5. He contended that the petitioner finds it very difficult to travel all alone and prayed that the matter be transferred to Jodhpur.

6. Having given regard to the facts and circumstances of the case, this Court is of the considered opinion that the request of the petitioner to transfer the case merits rejection, given the fact that the petitioner is well qualified girl, having a Post-graduate Degree in Business Administration. The journey from Jodhpur to Jaipur cannot be claimed to be daunting.

7. As against this, respondent husband, a resident of Jaipur is serving the Indian Army and presently posted at Manipur. If the respondent is required to pursue his petition under consideration, it would be more convenient for him to come to Jaipur from Manipur, as Jaipur is having a better air connectivity from remotest corner of this vast Country.

8. It is not only the inconvenience or hardship of the lady alone, which the Courts are required to reckon. Rather it is convenience of the parties, which the Court should consider, while deciding the transfer application, as held by this Court in case of Smt. Vinita Vs. Himanshu, (2017) AIR(Rajasthan) 102; relevant part whereof is being reproduced hereunder :-

"It is, therefore, felt imperative to examine and explore the necessary principles governing transfer applications, filed by families, entangled in forensic fights, while invoking powers conferred upon this Court by Section 24 of the Code of Civil Procedure, 1908. According to this Court, the provisions of Section 24 of the Code provides a great deal of discretion in the court, however, such discretion is required to be exercised on the basis of sound principles. It is true that the discretionary power, more particularly, the jurisdiction in relation to transfer of cases, can not be imprisoned or bound within a straight jacket or cast-iron formula, uniformly applicable to all situations, yet the courts are required to be mindful of the fact that the power to transfer a case must be exercised with due care, caution and circumspection.

Keeping in mind the provisions and mandate of Sections 24 and 25 of the Code, various judicial pronouncements have laid down broad propositions as to what may constitute a ground for transfer of a case. Generally speaking, they are, balance of convenience or inconvenience to the plaintiff or defendant or witnesses; convenience or inconvenience arising out of a particular place of trial, having regard to the nature of evid