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2026 Supreme(Online)(Raj) 13687

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR


S.B. Civil Transfer Application No. 145/2024



Smt. Monika Vaishnav W/o Manish Vaishnav, Aged About 27 Years, D/o Govind Ram Vaishnav, R/o Beawar, Moti Nagar Sendara Road, Tehsil Beawar, Dist. Ajmer.


----Petitioner


Versus


Manish S/o Narayan Lal Ji Vaishnav, R/o Pancham Nagar, Ramdev Road, Tehsil And Dist. Pali.


----Respondent


Connected with


S.B. Civil Transfer Application No. 124/2025



Hemlata W/o Ritesh Vyas, Aged About 38 Years, R/o Outside Jassusar Gate Nandu Maharaj Ki Gali Bikaner


----Petitioner


Versus


Ritesh Vyas S/o Purushottam Narayan Ji Vyas, R/o Madhuram 20E/11 Aadarsh Nagar Choupasni Housing Board Jodhpur


----Respondent


S.B. Civil Transfer Application No. 155/2025



Smt. Mamta W/o Shri Ravi Das, Aged About 35 Years, D/o Shri Jagdish, At Present R/o E-106, Rameshwar Nagar, Phase - 1, Basni, Jodhpur (Raj.)


----Petitioner


Versus


Ravi Das S/o Shri Kishan Das, R/o Aalasan District Jalore At Present R/o Jyoti Mobile Zone Door Number 32-5, 30 Mareka Street Near K.v.v. Swami Road Rajmandri District East Godawari (Andhra Pradesh)


----Respondent


S.B. Civil Transfer Application No. 231/2025



Dr. Kanchan Bhati W/o Dr. Jitendra Singh Rajawat, Aged About 45 Years, Resident Of Village Rampur, Post Tiwari, District Jodhpur, Currently Resident Of C 179 Shastri Nagar Jodhpur, Office MDM Hospital Jodhpur, (Raj.).


----Petitioner


Versus


Dr. Jitendra Singh Rajawat S/o Bhanwar Singh Rajawat, Aged About 45 Years, Resident Of Plot No. 13 Prem Colony, Near Airport, Tonk Road, Tehsil Sanganer, District Jaipur (Raj).


----Respondent


S.B. Civil Transfer Application No. 334/2025



Smt. Neha Rao W/o Gopal Swaroop, Aged About 36 Years, R/o Indra Colony, Chomu,police Station Chomu, District Jaipur (Raj)


----Petitioner


Versus


Arvind Singh Tejawat S/o Ujjawal Singh Tejawat, Aged About 46 Years, R/o 37, Mansarovar Colony, Bedla Bhuwana Link Road, Bedla, Udaipur, District Udaipur.


----Respondent



For Petitioner(s) : Mr. Avinash Bhati (in CTA No.145/24)


Mr. Virendra Acharya (in CTA No.124/25)


Mr. Ashvini Kumar Swami (in CTA No.155/25)


Mr. Vikram Choudhary (in CTA No.231/25)


Mr. Sandeep Saruparia (in CTA No.334/25)


For Respondent(s) : Mr. Dilip Singh Baghela (in CTA No.231/25)


Mr. Arvind Singh Tejawat, respondent present in person (in CTA No.334/25)


HON'BLE MS. JUSTICE REKHA BORANA


Order

29/04/2026

1. As all these transfer applications arise out of similar circumstances and involve common questions of law, they are being decided by this common order.

2. All the petitions have been preferred by the petitioner–wife seeking transfer of proceedings instituted by the respondent–husband under various provisions of the Hindu Marriage Act, 1955/Guardians and Wards Act, 1890 to the Court within whose jurisdiction the petitioner–wife is presently residing/working.

3. The petitioners in the respective applications have invoked the jurisdiction of this Court under Section 24 of the Code of Civil Procedure, praying that the various proceedings pending before different Courts be transferred to the place of their residence/workplace. Although the factual matrix in each petition varies, the grounds raised by the Petitioner wives are substantially common and relate to the hardships faced by them in attending proceedings at distant forums.

4. In all the present petitions, service upon the respondents stand duly complete. However, despite completion of service, none has appeared on behalf of the respondents in CTA Nos.145/2024, 124/2025 & 155/2025.

5. In some of the petitions, it has been urged that the petitioner-wife, being a woman with minor child/children solely under her care, faces grave difficulty in travelling long distances, particularly in the absence of any family member to accompany her, rendering such travel with minors practically impossible. In some matters, the petitioner-wife has asserted that she is financially dependent upon her parents, lacking any independent source of income.

6. While in other matters, it has additionally been submitted that the petitioner–wife has already instituted proceedings against her husband under Sections 12, 13, 17, 18, 19, 20, 21, 22 & 23 of the Protection of Women from Domestic Violence Act, 2005 / Section 144 of the BNSS, 2023 / Offences under Indian Penal Code at the place where she is presently residing. It is urged that, despite the pendency of these proceedings, the respondent–husband has instituted a separate case in another district/city/town only with the intent to cause harassment. In these circumstances, it would be extremely difficult and practically impossible for her to attend the proceedings before the Court chosen by the husband.

7. Heard the Counsels.

8. 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), 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, generally, it is the wife's convenience which must be looked at while considering transfer.”

9. So far as the ground of the minor child/children being in the care and custody of the petitioner-wife is concerned, the Courts have consistently held that inconvenience is more on the part of the woman and she cannot be expected to travel long distances either while accompanying the minor or while leaving them in the care of others, to attend the proceedings regularly. Hon’ble the Apex Court in the case of Reena Bahri Vs. Ajay Bahri, (2002) 10 SCC 136 held as under:

“2. The wife has a child, approximately three years old, with

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