In matrimonial transfer petitions, the convenience of the wife is given paramount consideration, particularly when she lacks independent financial means and is responsible for the care of minor children, to ensure the ends of justice.

Order

1. Despite service, none appears for the respondent.

2. The present transfer petition has been filed with a submission that the applicant had lodged an FIR on 15.11.2023 at Bhilwara for offences under Sections 498-A & 406, IPC and Section 4 of the Dowry Prohibition Act, 1961. An application under Section 125 Cr.P.C. was also filed by her before Family Court No.1, Bhilwara on 02.01.2024.

3. Thereafter, an application under Section 25 of the Guardians and Wards Act, 1890 was filed by the respondent on 02.03.2024 before the Family Court at Bhilwara praying for custody of the minor children.

4. Counsel for the applicant submits that despite all the above proceedings being pending at Bhilwara, the respondent has chosen to file an application under Section 13 of the Hindu Marriage Act, 1955 before Family Court No. 1, Jaipur Metropolitan just to harass her.

5. Counsel submits that the applicant is living with her parents and is entirely dependent on them. She has no independent source of income and due to her financial constraints, she would not be in a position to travel to Jaipur Metropolitan to attend the proceedings.

6. It is further submitted that the applicant is a mother of two minor children and is responsible for their day-to-day care. Travelling alone with minor children to Jaipur Metropolitan causes serious hardship to her. It has therefore been prayed that the application pending before the Family Court No.1, Jaipur Metropolitan be transferred to Family Court, Bhilwara.

7. Heard counsel for the petitioner. Perused the record.

8. It is a well-settled proposition that in matrimonial matters generally, it is wife's convenience which must be looked at while considering the transfer application. 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 Procedureis 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.

9. Hon’ble the Apex Court in the case of Ruchi Rawat vs. Principal Judge, Family Court, Etah (2022 INSC 1314) observed that a wife having no independent income and residing with her parents cannot be expected to undertake long travel for the purpose of court proceedings, and such hardship constitutes a valid ground for transfer.

10. A Co-ordinate Bench of this Court in the recent case of Arushi Jain Vs. Himanshu Choradia , S.B. Civil Transfer Appl. No. 309/2024 (decided on 29.10.2025) reiterated that the convenience of wife should be given paramount consideration while deciding transfer applications and held it expedient in the ends of justice to transfer the subject matrimonial proceedings to a Court convenient to her residence. Therein, it was observed as under:

“11. Admittedly, the wife is presently living with her minor son, Charvik, at Udaipur in her parental house. No material has been placed on record to indicate that she has any inde