Rajasthan High Court - Jodhpur
Himani Goswami vs Gaurav Goswami (2025:Rj-Jd:11146) on 25 February, 2025
[2025:RJ-JD:11146]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 215/2023
Smt. Himani Goswami W/o Gaurav Goswami, Daughter Of Shri
Sohan Bharti, Aged About 31 Years, Resident of Bajrang Colony,
Kumbha Nagar, District - Chittorgarh, At Present - 36, Jadiyo Li
Oal, Bateshwar Mahadev Mandir, District Udaipur.
----Petitioner
Versus
Gaurav Goswami S/o Shri Shiv Giri Goswami, Aged About 32
Years, Resident of Bajrang Colony, Kumbha Nagar, District -
Chittorgarh.
----Respondent
For Petitioner(s) : Ms. Khushboo Palasiya
For Respondent(s) : None present
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Judgment
25/02/2025
Instant transfer application under Section 24 of the Code of
Civil Procedure, 1908 has been preferred on behalf of the
petitioner-wife seeking transfer of the Divorce Petition bearing
No.217/2023 titled as Gaurav Goswami Vs. Smt. Himani Goswami
filed under Section 13 of the Hindu Marriage Act, 1955
(hereinafter referred to as 'the Act of 1955') by the respondent-
husband from the Court of Family Court, Chittorgarh to the Family
Court No.1, Udaipur.
Learned counsel appearing for the petitioner-wife has
submitted that the marriage between the parties was solemnized
on 05.03.2016 at Udaipur as per Hindu rites, rituals & customs.
Learned counsel further submitted that the petitioner was
subjected to cruelty and mistreatment in the matrimonial house.
[2025:RJ-JD:11146] (2 of 4) [CTA-215/2023]
As such, the petitioner was constrained to reside at her parental
home and since then she is residing at her parental home at
Udaipur.
Learned counsel has further submitted that in such
circumstances, it was difficult for the petitioner and her seven
years' old son to maintain themselves, therefore, an application
under Section 125 Cr.P.C. was filed by the petitioner seeking
maintenance before the Family Court No.1, Udaipur which is
pending consideration. It is further contended that as a
counterblast to the aforesaid proceedings, the respondent-
husband has filed a Divorce Petition under Section 13 of the Act of
1955 against the petitioner before the Family Court, Chittorgarh.
Learned counsel for the petitioner further submitted that the
son of the petitioner being seven years old requires constant care
and attention, thus, it would not be possible for her to leave him
alone for almost 7-8 hours nor to take him alongwith her to the
Court. Learned counsel further averred that the mother of the
petitioner is very old and no other male member is available in the
family, who could attend the Court hearing along with the
petitioner. It is also argued that Family Court at Chittorgarh is at
a distance of more than 100 kms. and one way journey takes
approximately 3-4 hours. Learned counsel further pleaded that the
petitioner is a house-wife and not employed anywhere. She has
no source of income and does not have any personal independent
mode of transportation. Learned counsel for the petitioner, thus,
prayed that the present transfer application may kindly be allowed
and the aforesaid pending divorce petition may kindly be
[2025:RJ-JD:11146] (3 of 4) [CTA-215/2023]
transferred from Family Court, Chittorgarh to the Family Court
No.1, Udaipur.
No one is present on behalf of the respondent despite service
of notice.
I have considered the submissions made by learned counsel
for the petitioner and have perused the material made available
on record.
It transpires that the petitioner-wife is residing in Udaipur at
her parental house. The petitioner-wife has a son who is presently
seven years old and is being taken care of by the petitioner alone.
The petitioner is a house-wife and she is not employed anywhere
and has no source of income. The Family Court, Chittorgarh is at a
distance of more than 100 kms. from Udaipur. The mother of the
petitioner is also very old.
It is well settled legal position that while going into the
merits of a transfer application, Courts are required to give more
weight and consideration to the convenience of the female
litigants, and transfer of legal proceedings from one Court to
another should ordinarily be allowed taking into consideration their
convenience and the Courts should desist from putting female
litigants under undue hardships. In such type of matters, the
convenience of the wife is to be preferred over the convenience of
the husband.
The Apex Court in catena of judgments has consistently
prioritized the welfare, dignity and accessibility of justice for wives
in matrimonial disputes. It is a well established legal principle that
the convenience of female litigants, particularly those with
dependent children, should be prioritized in transfer petitions.
[2025:RJ-JD:11146] (4 of 4) [CTA-215/2023]
Since no objections have been filed to this petition and no
one appears to oppose the petition either, this Court considers it
appropriate to allow this transfer application.
In view of the discussion made hereinabove, the present
transfer application filed by the petitioner-wife is allowed and the
case bearing No.217/2023 titled as Gaurav Goswami vs. Smt.
Himani Goswami pending before the Family Court, Chittorgarh is
ordered to be transferred to the Family Court No.1, Udaipur.
The parties shall appear before the Family Court No.1,
Udaipur on 24.03.2025.
The Family Court, Chittorgarh is directed to remit the case
bearing No.217/2023 titled as Gaurav Goswami vs. Smt. Himani
Goswami to the Family Court No.1, Udaipur immediately. The
Family Court, Chittorgarh is also directed to apprise both the
parties to appear before the Family Court No.1, Udaipur on
24.03.2025.
Pending application (s), if any, as well as stay petition also
stand disposed of.
(CHANDRA SHEKHAR SHARMA),J
144-/-Anil
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