[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Tikamchand vs Sonu (2026:Rj-Jd:16929) on 10 April, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:16929]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Application No. 37/2026
Tikamchand S/o Tannuram, Aged About 38 Years, Resident Of
Near Baba Ramdev Mandir, Gogagate, Harijan Basti, Bikaner,
Police Station Kotgate, Bikaner, District Bikaner, Raj.
----Petitioner
Versus
Sonu Spouse/o Tikamchand, D/o Pusaram, Resident Of Bikaner
At Present Baadi Kua, Nagaur, Tehsil And District Nagaur, Raj.
----Respondent
For Petitioner(s) : Mr. Amann Bishnoi Bola
For Respondent(s) : None present
HON'BLE MS. JUSTICE REKHA BORANA
Order
10/04/2026
1. Despite service, none has put in appearance for the
respondent.
2. The present transfer petition has been filed on behalf of the
petitioner-husband with the request for transferring Case
No.145/2025 (Sonu Vs. Tikamchand) under Section 13 of the
Hindu Marriage Act, 1995 pending before the Court of Additional
District Judge No.1, Nagaur to Family Court No.1, Bikaner.
3. It has been averred that the petitioner is 70% disabled and
hence, will suffer serious hardship if he is required to travel to
Nagaur on each date. Further, he would also be required to be
assisted by one person to travel the said long distance, which
again would be a hardship.
4. Heard the Counsel.
5. Although, it is the hardship of the wife which is to be
considered generally while considering a transfer application, but
then as held by Orissa High Court in Anuva Choudhury vs.
Biswajit Mishra; 2022 SCC OnLine Ori 3125 (Decided on
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05.09.2022), the hardship of a husband is also required to be
considered in peculiar facts and circumstances. Therein, the Court
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, an application for transfer of a
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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."
6. This Court is in total concurrence with the above view. While
trying to be fair to a female, the Courts cannot completely
overlook the challenges faced by a male. Keeping into
consideration the above ratio and the sole fact that the petitioner
husband is 70% disabled, the hardship if any, would definitely be
more of the husband in the present matter. Hence, the present
transfer application deserves to be and is hereby allowed. Civil
Case No.145/2025 (Sonu Vs. Tikamchand) pending before
Additional District Judge No.1, Nagaur is directed to be transferred
to Family Court No.1, Bikaner.
7. Needless to observe that if any application is filed by the
respondent-wife with a request to permit 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 respondent is essential on the said date.
8. Additional District Judge No.1, Nagaur is directed to send the
complete file/record of Civil Case No.145/2025 (Sonu Vs.
Tikamchand) to Family Court No.1, Bikaner 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
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Court at Bikaner. Both the parties shall appear before the
transferee Court on the date as fixed.
9. Let a certified copy of the present order be sent forthwith
each to Additional District Court No.1, Nagaur and Family Court
No.1, Bikaner.
10. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
205-Arvind/-
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