In matrimonial and guardianship proceedings, the convenience of the wife, especially when she has the care of a minor child and faces significant travel hardships due to employment or distance, is the cardinal principle for transferring the case.

Order

28/04/2026

1. The matter (S.B. Civil Transfer Application Application No. 10/2026) comes up on an application for recalling of order dated 16.02.2026 passed by this Court whereby the parties were directed to remain present before the Court to explore the possibility of settlement.

2. However, the respondent and the petitioner alongwith her minor son, did remain present before the Court on 07.03.2026 and the Court interacted with them in detail, but then, no settlement could be arrived at between the parties.

3. The application for recalling of order dated 16.02.2026 therefore, remains of no consequence and the same is hence, disposed of

4. The present transfer applications have been filed with the prayer for transfer of Civil Case Nos. 254/2024 (Khushi vs. Gaurav Chalana) & 16/2023 (Gaurav Chalana vs. Smt. Khushi) under Section 13(1) of The Hindu Marriage Act, 1955 and Section 25 of the Guardians and Wards Act, 1890 respectively, pending before Family Court No.2, Sri Ganganagar.

5. Learned Counsel for the petitioner submits that the petitioner-wife has recently secured employment as a Senior Teacher vide order dated 07.03.2024 (Annexure-4) and is currently posted at Government Sr. Secondary School, Khidarpur Jadon, Khandar, District Sawai Madhopur. Further, Sri Ganganagar is at a distance of 700 kms from Sawai Madhopur and she would not be able to travel to and fro, the said long distance in one single day.

6. It has been submitted that the petitioner is under an obligation to take care of her minor son too and keeping into consideration his studies as well as the petitioner’s job, it would cause a comparatively more hardship to the petitioner if she is required to travel to Sri Ganganagar on every date of hearing.

7. It has further been submitted that earlier a Transfer Application being CTA No. 25/2025 was filed before this Court for transfer of Civil Misc. Case No. 16/23 (application under the provisions of Guardian and Wards Act, 1890 filed by the respondent-husband), but the same was dismissed vide order dated 19.08.2025 with an observation that as other matters between the parties are pending at Sri Ganganagar, the petitioner would even otherwise be required to attend the same at Sri Ganganagar. However, vide the said order, it was observed that if transfer application qua all the matters is filed by the petitioner, the request shall be considered sympathetically.

8. Heard the Counsel. Perused the record.

9. It is the settled position 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), the Hon’ble Apex Court 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, gen