[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Smt. Shabbo Banu Alias Shabana vs Nawaz Khan (2026:Rj-Jd:17000) on 10 April, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:17000]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Application No. 8/2026
Smt. Shabbo Banu Alias Shabana W/o Nawaz Khan, Aged About
21 Years, D/o Salim R/o Killa Post Baadi Gaati Tehsil Riyabadi
District Nagaur At Present R/o Beej Godaam Panchwati Kacchi
Basti Senti Chittorgarh. Rajasthan
----Petitioner
Versus
Nawaz Khan S/o Bashir Mohammad, Aged About 23 Years, Killa
Post Baadi Ghati Tehsil Riyabadi District Nagaur Rajasthan
----Respondent
For Petitioner(s) : Mr. Rishabh Handa
Mr. Mahendra Saraswat
For Respondent(s) : None present
HON'BLE MS. JUSTICE REKHA BORANA
Order
10/04/2026
1. Despite service, none appears for the respondent.
2. The present transfer application has been filed with the prayer
for transfer of Civil Case No.252/2025 (Nawaz Khan Vs. Smt.
Shabbo Banu @Shabana) under Section 9 of The Hindu Marriage
Act, 1955 (hereinafter referred to as the 'Act of 1955') pending
before Family Court, Merta.
3. Learned Counsel for the petitioner submits that the
petitioner-wife is presently residing with her father at Chittorgarh
and would be required to travel a considerable distance to attend
the proceedings at Merta. It is submitted that the petitioner
having no independent source of income, would face additional
financial constraints in travelling such a distance repeatedly.
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4. Counsel further submits that maintenance proceedings are also
pending between the parties at Chittorgarh, and it has therefore
been prayed that the pending application at Merta be transferred
to Family Court, Chittorgarh.
5. Heard the counsel. Perused the record.
6. 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."
7. With respect to the plea of financial constraints, the
petitioner-wife having no independent source of income, and
further, old/ailing parents under care, it has been observed in
several decisions that compelling a woman with limited means to
travel long distances on each date of hearing would result in
undue hardship. Hon'ble the Apex Court in the case of Vaishali
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Shridhar Jagtap vs. Shridhar Vishwanath Jagtap; (2016
INSC 504) held as under:-
3. According to the Appellant, her mother is aged and it is difficult
for her mother to accompany the Appellant for her travel to
Mumbai. It is also stated that there are three criminal cases-one
for maintenance, the second under the Prevention of Domestic
Violence Act, 2005 and the third Under Section 498A of The
Indian Penal Code, 1860 and other related provisions, pending at
Barshi, and one on the civil side for restitution.
...
5. Admittedly, the distance between Mumbai and Barshi is around
400 kilometres. Four cases between the parties are pending at
Barshi. Apparently, the comparative hardship is more to the
appellant-wife. This aspect of the matter, unfortunately, the High
Court has missed to take note of.
6. In view of the above, the impugned orders are set aside and
the M. J.Petition No. 2287 of 2013 filed by the 2 Page 3
respondent-husband in Family Court Bandra, Bombay will stand
transferred to the court of competent jurisdiction at Barshi."
8. In view of the submissions made and in view of the settled
position of law, this Court is of the opinion that the petitioner-wife
having no independent source of income, would be at serious
hardship if compelled to travel a considerable distance to attend
the proceedings at Merta. The present transfer application hence,
deserves to be and is hereby allowed. Civil Case No.252/2025
(Nawaz Khan Vs. Smt. Shabbo Banu @Shabana) pending before
Family Court, Merta is directed to be transferred to Family Court,
Chittorgarh for trial and disposal in accordance with law.
9. Family Court, Merta is directed to send the complete
file/record of Civil Case No.252/2025 (Nawaz Khan Vs. Smt.
Shabbo Banu @Shabana) to Family Court, Chittorgarh 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 of both the parties before the transferee Court. Both
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the parties shall remain present before Family Court, Chittorgarh
on the date as fixed.
10. Needless to observe that if any application is filed by the
respondent-husband with a request to permit him 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.
11. Let a certified copy of the present order be sent forthwith
each to Family Court, Merta and Family Court, Chittorgarh.
12. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
196-rahul/-
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