[2025:RJ-JD:36053]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 126/2024 Smt. Tara Devi W/o Punit Sankhala, Aged About 34 Years, R/o Panhota Bas, Chenar, Teh And Dist Nagaur, Raj.

----Petitioner Versus Punit Sankhala S/o Sh. Sohanlal, R/o Chopasani Housing Board, Opp. Mirdha Farm House, Jodhpur, Teh And Dist. Jodhpur.

----Respondent For Petitioner(s) : Mr. Piyush Chouhan For Respondent(s) : Mr. Nikhil Saran with Mr. Bhartendu Panwar HON'BLE MR. JUSTICE FARJAND ALI

Order

12/08/2025

1. By way of the instant transfer application, the petitioner, wife of the respondent, seeks transfer of Misc. Case No.812/2023, currently pending before the learned Family Court No.3, Jodhpur, to the learned Additional District Judge No.1, Nagaur.

2. Learned counsel for the petitioner submitted that the respondent has instituted proceedings under Section 13 of the Hindu Marriage Act before the learned Family Court No.3, Jodhpur. It is contended that the petitioner presently resides at Nagaur. The petitioner is a lady and having a three-year old daughter, with no means of livelihood, cannot afford to travel to Jodhpur on each and every date of hearing in the present case, which is located at a distance of around 145 kilometers from Nagaur as traveling such a distance poses considerable hardship to her. Therefore, it is respectfully prayed that the said case be transferred from Jodhpur to Nagaur for the convenience of the petitioner.

3. Having heard the learned counsel for the parties and meticulously perused the record.

3.1. 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.

4. 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 allow the petition. Accordingly, Misc. Case No. 812/2023, currently pending before the learned Family Court No.3, Jodhpur, is hereby ordered to be transferred to the learned Additional District Judge No.1, Nagaur, for adjudication.

4.1. The learned Family Court No.3, Jodhpur, is directed to transmit the entire case record forthwith to the Court of the learned Additional District Judge No.1, Nagaur. Additionally, he is further instructed to compile and list all matrimonial and related cases pending, if any, between the parties before the Nagaur Court, both on the date of transfer and thereafter, to facilitate consolidated and efficient disposal.

5. In light of the above, the transfer petition is allowed. Consequently, the above mentioned case number shall proceed exclusively before the Court of the Additional District Judge No.1, Nagaur.

6. The application for stay, along with any other pending applications filed in the instant matter, stand disposed of accordingly.

(FARJAND ALI),J

47-divya/-