[2025:RJ-JD:37018]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 45/2025 Sushila W/o Hadman Sinwar, Aged About 32 Years, D/o Shri Kailash Bhambu Resident Of Dhehri Tehsil Jayal District Nagaur Rajasthan. At Present Working On The Post Of Mahila Constable (Mfc) Belt No. 1472, P.s. Sojat Road, Tehsil Sojat City, Dist.

Pali,raj.

----Petitioner Versus Hadman Sinwar S/o Mangi Lal, Aged About 29 Years, Resident Of Sivaro Ka Bas Roopthal Tehsil Jayal District Nagaur ----Respondent For Petitioner(s) : Mr. Divakar Sharma Mr. Sohan Lal Bishnoi For Respondent(s) : Mr. RK Acharya Mr. Bhawani Singh HON'BLE MR. JUSTICE FARJAND ALI

Order

19/08/2025

1. By way of the instant transfer application, the petitioner, wife of the respondent, seeks transfer of Case No.193/2024, currently pending before the learned Family Court, Merta City (hereinafter to be referred as “Court X”) to the court of learned Addl. District Judge, Sojat City, District Pali (hereinafter to be referred as “Court Y”).

2. Learned counsel for the petitioner submitted that the respondent has instituted proceedings under Section 9 of the Hindu Marriage Act before Court X. It is contended that the petitioner is presently residing with her family at the place where Court Y is situated. It is very difficult for her to travel approximately 107 kms on each and every date of hearing to attend the proceeding initiated by the respondent before Court X. And there is no other member in the family to come with the applicant to attend the dates of hearing. Therefore, it is respectfully prayed that the said case be transferred from Court X to Court Y for the convenience of the applicant

3. As per office report, notice upon the respondent has been served but no one appeared.

4. Having heard the learned counsel for the applicant and meticulously perused the record.

4.1. The Hon’ble Supreme Court in Vinisha Jitesh Tolani @ Manmeet Laghmani v. Jitesh Kishore Tolani, 2010 (1) WLC (SC) 705, has held that in matrimonial disputes instituted by the husband against the wife, the court must consider the convenience of the wife in contesting the proceedings. Consequently, matrimonial matters ought to be adjudicated at a forum proximate to the wife’s residence to minimize undue hardship.

5. It is transpired during hearing of the petition that the petitioner's wife is a police constable and she is presently deployed at Police Station Sojat, however there is no other case pending at Sojat. Her son is pursuing primary education in a school at village Jayal which is near to the town Merta where the proceeding is undergoing. Learned counsel shows some papers to assert the threat perception at the hands of the petitioner.

6. Having regard to the aforementioned judicial pronouncement, the facts and circumstances of the present case, and the cogent grounds advanced in the transfer petition, this Court finds it just and expedient to decide the petition, but do not deem it appropriate to transfer the case at Sojat, rather to a distinct place agreeable by both the parties. Accordingly, Case No.193/2024, currently pending before the Court X, is hereby ordered to be transferred to Judge, Family Court, District Pali, for adjudication.

6.1. The learned Judge, Court X, is directed to transmit the entire case record forthwith to the Court of the learned Judge, Court Y. Additionally, he is further instructed to compile and list all matrimonial and related cases pending, if any, between the parties before the Court at Pali, both on the date of transfer and thereafter, to facilitate the parties by listing all the cases on one hearing dates in day during the entire course of trial fixing different dates in different matters may cause serious inconvenience to the parties.

7. In light of the above, the transfer petition is disposed of.

Consequently, the above mentioned case number shall proceed exclusively before the Judge, Family Court, District Pali.

8. The application for stay, along with any other pendi