[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Raghuveer Singh vs Sonu Kanwar (2026:Rj-Jd:16723) on 9 April, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:16723]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 239/2025
Raghuveer Singh S/o Gayad Singh, Aged About 26 Years, Village
Belwa Ranaji, Tehsil Balesar, dist. Jodhpur. At Present Residing At
C/o Karpal Singh House No 43 Shikshak Colony,gali No. 3,
Chopasani Jodhpur
----Petitioner
Versus
Sonu Kanwar D/o Sang Singh, W/o Raghuveer Singh R/o Village
Laxmi Ji Ki Dhani Jethaniya,tehsil Lohawat Dist Phalodi
----Respondent
For Petitioner(s) : Mr. Hinglaj Dan Charan
For Respondent(s) : Mr. Girdhar Singh Bhati
HON'BLE MS. JUSTICE REKHA BORANA
Order
09/04/2026
1. The present transfer petition has been filed on behalf of the
petitioner-husband for transfer of the petition under Section 9 of
the Hindu Marriage Act, 1955 (for Short 'the Act') as filed on
behalf of the respondent-wife at Family Court, Phalodi to Family
Court No.1, Jodhpur.
2. It has been submitted that the petitioner is an army
personnel and at present posted at Jammu & Kashmir. Therefore,
attending the proceedings at Phalodi would cause comparatively
more hardship to the petitioner than the respondent who is a
resident of Village Jethaniya, District Phalodi.
3. Counsel for the petitioner submits that the distance of Village
Jethaniya where the respondent is residing, is not more than 30
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kms. from Jodhpur and hence, it would not be much of an
inconvenience to the respondent.
4. Counsel further submits that the petition under Section 9 of
the Act has been filed by the respondent-wife just to harass the
petitioner as he had filed an application under Section 13 of the
Act. Further, she also lodged FIR against the petitioner wherein a
final report has been submitted by the Investigating Officer and as
of date, no criminal proceedings remain pending at Phalodi.
5. Per contra Counsel for the respondent submits that a protest
petition has been filed by the respondent against the FR as filed in
the criminal proceedings. The same remains pending as of date.
Further, the respondent not been paid any maintenance, it would
cause serious hardship to her to attend the proceedings at
Jodhpur on every date.
6. After hearing the counsels and perusing the record, this
Court is of the clear opinion that in the present matter, the
hardship would be more that of the petitioner-husband as he is an
Army personnel serving at Jammu & Kashmir. Evidently, he would
be attending the proceedings only after a leave being sanctioned
for the same. In that event, travelling to his residential place at
Balesar/Jodhpur and then to Phalodi to attend the proceedings
would definitely cause a serious hardship.
7. So far as the respondent not being paid any maintenance is
concerned, this Court is of the opinion that an appropriate
application for the same can be filed by her before the Court,
which can be appropriately considered and decided by the Court in
terms of law.
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8. As is the settled position of law, it is not only the hardship of
the wife which is to be considered while deciding the transfer
matter, in peculiar circumstances, the hardship of the husband
ought to be also considered. Orissa High Court in the case of
Anuva Choudhury vs. Biswajit Mishra, 2022 SCC OnLine Ori
3125 (decided on 05.09.2022) observed as under:
"9. While deciding an application for transfer of a
matrimonial case, it has been the usual practice to
consider the inconvenience which is likely to be faced by
the wife while turning a deaf ear and blind eye to the
difficulties faced by the husband, on account of the
accepted position of law that convenience of the wife is of
paramount consideration in matrimonial cases. This is
because women were considered to belong to the weaker
sex and dependent on a male for their survival and
security, be it the father, brother, husband or son. But
now, after 75 years of independence, the situation has
changed and the emancipation of women is clearly visible.
Women are being given equal opportunity and
representation in all spheres. They have become self
dependent and many are no longer dependent on their
husband/parents/brothers or sons for their survival and
security. They have become the sole breadwinners in
some families. They are able to bring up a child on their
own. Some are part of the law making and law enforcing
agencies. They are able to travel alone in connection with
their work and recreation. Unfortunately, there are still
many exceptions, as many women are still dependent on
their family members for their survival on account of lack
of education, lack of support and as some men still have
not learnt to respect women for which women are still
victims of eve teasing and sexual harassment in
educational institutions, public transport and even in their
work place. Travelling alone for long distances by road or
train for a woman is often fraught with risk. Likewise, due
to a variety of reasons, the role and responsibilities of men
have undergone a sea change. Many men have to single
handedly take care of aged and ailing parents and young
children, for which there are sometimes constraints on
their time and movement. Their job requirements may
also be a stumbling block. So in the present situation,
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an application for transfer of a matrimonial case has
to be considered on its own facts without
mechanically or blindly allowing the application of
the wife. For the same reasons, the earlier decisions
have also to be viewed in the same light. A balance
has to be struck, so that each party is able to
fight/defend his/her case in the trial court. Many
Courts have been provided with video conferencing
facilities, which can also be utilised by all the parties
for their convenience."
9. Further, the Courts have considered occupation/profession of
the husband as a valid ground for transfer. Hon'ble the Apex Court
in the case of Smt. Kalpana Deviprakash Thakar v. Dr.
Deviprakash Thakar; 1996 (11) SCC 96 dismissed the transfer
petition filed by the wife considering the fact that husband was a
medical practitioner.
10. Herein, this Court is of the clear opinion that the balance of
convenience lies in favour of the husband and it is he who would
suffer more hardship. The application therefore deserves to be and
is hereby allowed. Civil Misc. Case No.42/2025 (Smt. Sonu
Kanwar Vs. Raghuveer Singh) pending before the Family Court,
Phalodi is directed to be transferred to Family Court No.1, Jodhpur
for trial and disposal in accordance with law.
11. Family Court, Phalodi is directed to send the complete
file/record of Civil Misc. Case No.42/2025 (Smt. Sonu Kanwar Vs.
Raghuveer Singh) to Family Court No.1, Jodhpur within a period of
two weeks from the receipt of the certified copy of the present
order while fixing the next date in the matter for appearance
before the Court at Jodhpur.
12. The petitioner as well as the respondent shall remain present
before Family Court No.1, Jodhpur on the date as fixed and the
transferee Court shall not be under an obligation to issue fresh
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notices to any of the parties as the present order is being passed
in presence of Counsel for both the parties.
13. Needless to observe that if any application is filed by any of
the parties with a request to permit him/her to appear through
Video Conferencing, the learned Court shall be at liberty to decide
the same keeping into consideration the fact whether the physical
appearance of the said party is essential on the said date.
14. Let a certified copy of the present order be sent forthwith
each to Family Court, Phalodi and Family Court No.1, Jodhpur.
15. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
36-KashishS/-
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