[2025:RJ-JD:38392]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Transfer Appl. No. 300/2024 Smt. Jyoti Sharma W/o Prakash Chandra, Aged About 33 Years, D/o Banwari Lal Sharma R/o Acharya Bhawan, Sita Ram Babaji Ki Bagechi, Pahadganj, P.s. Ramganj, Ajmer, Dist. Ajmer,raj.

----Petitioner Versus Prakash Chandra S/o Prahalad Acharya, Aged About 34 Years, C/ o Luna Ram Ji (Masoji Ka Makan) Indra Colony, Mahamdnir, Jodhpur, R/o Shastri Nagar, Sojat Road, Pali,raj.

----Respondent Connected With S.B. Civil Transfer Appl. No. 170/2024 Smt. Jyoti Sharma W/o Prakash Chandra, Aged About 33 Years, D/o Banwari Lal Sharma, R/o Acharya Bhawan, Sita Ram Babaji Ki Bagechi, Pahadganj, Police Station Ramganj, Ajmer, Dist.

Ajmer (Raj.) ----Petitioner Versus Prakash Chandra S/o Prahalad Acharya, Aged About 34 Years, C/ o Luna Ram Ji (Mosaji Ka Makan), Indra Colony, Mahamandir, Jodhpur, R/o Shastri Nagar, Sojat Road, Pali (Raj.)

----Respondent For Petitioner(s) : Mr. Gopal Lal Acharya For Respondent(s) : Mr. Saddam Hussain HON'BLE MR. JUSTICE FARJAND ALI

Order

27/08/2025

1. By way of filing the instant transfer applications under Section 24 of the CPC, the petitioner, wife of the respondent, seeks transfer of Case No.346/2024, currently pending before the Court of learned Judge (Family Court No.1)

Jodhpur Metro to Family Court, Ajmer & the Case No.23/2024, currently pending before the Family Court No.2, Jodhpur Metro to Family Court, Ajmer.

2. Learned counsel for the petitioner submitted that the respondent has instituted proceedings under Section 9 of Hindu Marriage Act before the Court of learned Judge (Family Court No.1) Jodhpur Metro and under Sections 24 & 25 of the Guardians and Wards Act, 1890. It is contended that the petitioner is a lady and she has no any source of income to bear traveling/staying expenses at Jodhpur. Therefore, it is prayed that the Case No.346/2024 be transferred from the Court of learned Judge (Family Court No.1) Jodhpur Metro to Family Court, Ajmer & the Case No.23/2024 be transferred from the Family Court No.2, Jodhpur Metro to Family Court, Ajmer for the convenience of the applicant.

3. Learned counsel for the respondent opposes the transfer petition.

4. Heard the learned counsel for the parties 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. 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 petitions, this Court finds it just and expedient to allow the petitions. Accordingly, the Case No.346/2024, currently pending before the Court of learned Judge (Family Court No.1) Jodhpur Metro and the Case No.23/2024, currently pending before the Family Court No.2, Jodhpur Metro is hereby ordered to be transferred to the Family Court, Ajmer for adjudication.

7. The Court of learned Judge (Family Court No.1) Jodhpur and the Family Court No.2, Jodhpur Metro is directed to transmit the entire case record forthwith to the Family Court, Ajmer. Additionally, they are further instructed 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 the cases instituted at the instance of the petitioner before the Chief Judicial Magistrate No.5, Ajmer bearing Application No.318/2024 titled as Smt. Jyoti Sharma & Ors. Vs Prakash Chandra & Ors. and an application bearing Application No.318/2024 titled as Smt. Jyoti Sharma & Ors. Vs. Prakash Chandra & Or