[2026:RJ-JD:11672]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 199/2025 Smt. Chanchal Gautam W/o Rahul Sharma, Aged About 26 Years, R/o House No 18, Sidharth Colony, Vijay Nagar At Present

26, Bag Ke Pas, Ghevriya, Bhilwara.

----Petitioner Versus Rahul Sharma S/o Shiv Prakash, Aged About 33 Years, R/o House No. 12, Rameshwar Nagar, Mata Ka Than, Jodhpur.

----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. O.P. Choudhary for Mr. S.K. Dadhich HON'BLE MS. JUSTICE REKHA BORANA

Order

10/02/2026

1. The present transfer application has been filed with the prayer for transfer of Civil Case No. 1164/2024 (Rahul Sharma Vs. Chanchal Gautam) under Section 13 of The Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act of 1955’) pending before Family Court No.01, Jodhpur to Family Court, Bhilwara.

2. Counsel for the applicant submits that the applicant is presently residing at her parental home at Bhilwara and undergoing medical treatment for HIV. Further, she has no independent source of income and due to her financial constraints, she would not be in a position to travel to Jodhpur regularly to attend the proceedings.

3. Heard the Counsel. Perused the record.

4. It is a well-settled proposition of law that in matrimonial matters generally, it is the wife's convenience which must be looked at while considering the plea of transfer. In N.C.V. Aishwarya vs. A.S. Saravana Karthik Sha; 2022 INSC 1310 (decided on 18.07.2022), it was held as under:

“9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. 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.

5. Hon’ble the Apex Court, while dealing with a similar situation, recently in the case of Rashmi Mahadik Vs. Pushpendra Mahadik; Transfer Petition (Civil) No.404/2025 (decided on 15.07.2025), observed as under:

“3. The ground on which the transfer is sought is that the petitioner has been diagnosed with Cancer in the year, 2023 and that she is unable to participate in the proceedings at Bhopal.

4. We are satisfied from the record that the petitioner is suffering from Cancer and is undergoing treatment intermittently.

…

6. No doubt, the said evidence can be recorded on appearance of the petitioner either physically or by virtual mode but keeping in mind the over all situation and the facts and circumstances of the case, we consider it proper to transfer the subject-case as asked for by the petitioner-wife so that no prejudice is caused to the petitioner-wife.”

6. Herein it is not disputed that the petitioner is undergoing medical treatment for HIV at Bhilwara and hence, requires constant medical supervision and strict personal care. The medical condition of the petitioner would definitely render long-distance travel physically agonizing, thereby making it practically impossible for her to undertake the journey to a distant Court. Hence, the present transfer application deserves to be and is hereby allowed. Civil Case No. 1164/2024 (Rahul Sharma Vs. Chanchal Gautam) pending before Family Court No.1, Jodhpur Metropolitan is directed to be transferred to Family Court No.2, Bhilwara for trial and disposal in accordance with law.

7. The learned Family Judge No.1, Jodhpur Metropolitan is directed to transmit the entire record of Civil Case No. 1164/2024 (Rahul Sh