[2026:RJ-JD:2277]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 245/2025 Surbhi Sharma W/o Anuj Sharma, Aged About 40 Years, D/o Late Sohanlal Sharma R/o D-51, Sector 14, Hiran Magri, Ward No. 21, Udaipur.

----Petitioner Versus Anuj Sharma S/o Manmohan Sharma, R/o H-1, S.B.I NRI Branch, Shastri Nagar, Jodhpur, 342003.

----Respondent For Petitioner(s) : Mr. Aditya Singh Rathore For Respondent(s) : None present HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

14/01/2026

1. By way of filing the instant transfer application under Section 24 of the CPC, the applicant-wife of the respondent, seeks transfer of Civil Case No.199/2025(598/2025) titled as “Anuj Sharma Vs. Surbhi Sharma”, currently pending before the learned Family Court, No.1, Jodhpur to the Family Court, Udaipur.

2. Learned counsel for the applicant submitted that the respondent has filed an application under Section 9 of the Hindu Marriage Act before the learned Family Court No.1, Jodhpur. It is contended that the applicant along with her minor son aged 9 years, is presently residing with her parents at Udaipur. It is very difficult for her to travel approximately 270 kms on each and every date of hearing to attend the proceedings initiated by the respondent at Jodhpur and there is no other member in the family to come with the applicant to attend the dates of hearing.

Therefore, it is prayed that the said case be transferred for the convenience of the applicant.

3. No one has appeared on behalf of the respondent-husband despite service.

4. Heard the learned counsel for the applicant and meticulously perused the record.

5. 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. This principle has been followed consistently, including by the Coordinate Bench of this Court in Smt. Gayatri Devi v. Shri Raghuveer Singh [SBCTA No.112/2015, decided on 28.08.2019]. Consequently, matrimonial matters ought to be adjudicated at a forum proximate to the wife’s residence to minimize undue hardship.

6. Having regard to the aforementioned judicial pronouncement, the facts and circumstances of the present case, and the cogent grounds advanced in the transfer application, this Court finds it just and expedient to allow the application. Accordingly, Civil Case No.199/2025(598/2025), currently pending before the learned Family Court, No.1, Jodhpur is hereby ordered to be transferred to the Family Court, Udaipur for adjudication.

7. The Family Court, No.1, Jodhpur is directed to transmit the entire case record forthwith to the Family Court, Udaipur. Additionally, it is further directed to compile and list all matrimonial and related cases pending, if any, between the parties before the said Court, both on the date of transfer and thereafter, to facilitate consolidated and efficient disposal.

8. It is further directed that if any case relating to the matrimonial dispute between the present parties is pending before any Court in Udaipur, the Presiding Officer of the said Court shall fix hearing of the said case on the same date when the transferred case is posted so that no inconvenience is caused to any of the parties. Such cases shall be proceeded simultaneously but separately.

9. The the Family Court, Udaipur, where the case is transferred, shall make all efforts for reconciliation between the parties and only thereafter proceed with the matter and decide the same in accordance with the timeline prescribed under the law. 10. The transfer application is allowed in these terms.

11. Stay application and other pending applications, if any, also stand disposed of.

(MUKESH RAJPUROHIT),J

49-Ramesh/-