[2026:RJ-JD:141]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 163/2025 Smt. Premlata Alias Hemlata W/o Bajranglal, Aged About 41 Years, R/o Jain Colony, Borawad, Tehsil Makrana, District Nagaur (Rajasthan). ----Petitioner Versus Bajranglal S/o Satyanarayanji, R/o Saroopganj, Tehsil Pindwara, District Sirohi.

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

Order

06/01/2026

1. By way of present transfer application under Section 24 of the CPC, applicant-wife of the respondent, seeks transfer of application under Section 13 of the Hindu Marriage Act bearing Family Original Case No.48/2024 (Bajranglal versus Premlata), currently pending before the Court of learned Additional District Judge (Family Court), Pindwara, Sirohi to the Court of learned Additional District Judge, Makrana, District Nagaur.

2. Despite service, none appears on behalf of the sole respondent.

3. Learned counsel for the applicant submitted that respondent has filed an application under Section 13 of the Hindu Marriage Act before the Court of learned Additional District & Sessions Judge (Family Court), Pindwara, Sirohi. It is submitted that applicant is a young woman and having responsibility of a daughter who is residing with her. She is facing considerable hardship in travelling from Makrana to Sirohi, a distance of approximately 400 kms, for the purpose of attending regular hearings. It is further submitted that such repeated travel imposes severe financial constraints upon the applicant and causes disruption to the educational stability and well-being of her daughter. Owing to these circumstances, it is extremely difficult for the applicant to undertake travel on each and every date of hearing to attend the proceedings initiated by the respondent at Sirohi. Additionally, there is no other family member available to accompany the applicant or to assist her in attending the hearings. Therefore, it is prayed that the said case be transferred for the convenience of the applicant.

4. Heard the learned counsel for the petitioner 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, Family Original Case No.48/2024 (Bajranglal versus Premlata), currently pending before the Court of learned Additional District & Sessions Judge (Family Court), Pindwara, Sirohi is hereby ordered to be transferred to the Court of learned Additional District Judge, Makrana, District Nagaur for adjudication.

7. The learned Additional District & Sessions Judge (Family Court), Pindwara, Sirohi is directed to transmit the entire case record forthwith to the Court of Additional District Judge, Makrana, District Nagaur. 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 Makrana, the Presiding Officer of the said Court shall fix hearing of t