[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Smt. Jyoti Agarwal vs Shri Pankaj Agarwal ... on 27 April, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:19924]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Application No. 3/2026
Smt. Jyoti Agarwal W/o Pankaj Agarwal, Aged About 38 Years,
D/o Late Shri Ramprakash Agarwal. At Present R/o Agarwalo Ki
Haveli Chandanpura Daheli Gate, Chittorgarh, Rajasthan
----Petitioner
Versus
Shri Pankaj Agarwal S/o Shyamlal Agarwal, Aged About 41
Years, R/o 294 Majhawas Near Hanuman Mandir, Bhilwara. At
Present R/o F-901 Archie Peace Park B.N.S Road Hiran Magri
Sector 4 Ward No.30, Udaipur, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Rishabh Handa
For Respondent(s) : Mr. Himmat Jagga
HON'BLE MS. JUSTICE REKHA BORANA
Order
27/04/2026
1. The present transfer application has been filed with the
prayer for transfer of Case No.565/2025 (Pankaj Agarwal Vs. Smt.
Jyoti Agarwal) under Section 13 of The Hindu Marriage Act, 1955
(hereinafter referred to as the 'Act of 1955') pending before Family
Court No.3, Udaipur.
2. Learned Counsel for the petitioner submits that the
petitioner-wife is presently residing at Chittorgarh and would be
required to travel a considerable distance to attend the
proceedings at Udaipur. It is further submitted that the petitioner-
wife being an unemployed lady having no independent source of
income would face additional financial constraints in travelling
such a distance repeatedly on every date.
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3. Counsel further submits that other proceedings are also
pending between the parties at Chittorgarh. It has therefore been
prayed that the pending application at Family Court No.3, Udaipur
be transferred to Family Court, Chittorgarh.
4. Heard the counsel. Perused the record.
5. 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."
6. So far as the plea of long-distance travel and no one in the
family to accompany to the Court on each date of hearing and the
resultant inconvenience to the petitioner-wife is concerned,
Hon'ble the Apex Court in the case of Vaishali Shridhar Jagtap
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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 respondent-husband in Family Court Bandra,
Bombay will stand transferred to the court of
competent jurisdiction at Barshi."
7. In view of the submissions made and in view of the settled
position of law, this Court is of the opinion that the petitioner
having no independent source of income would be at a
comparatively more hardship if compelled to travel a considerable
distance to attend the proceedings at Udaipur. The present
transfer application hence, deserve to be and is hereby allowed.
Case No. 565/2025 (Pankaj Agarwal Vs. Smt. Jyoti Agarwal)
pending before Family Court No.3, Udaipur is directed to be
transferred to Family Court, Chittorgarh for trial and disposal in
accordance with law.
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8. Family Court No.3, Udaipur is directed to send the complete
file/record of Case No. 565/2025 (Pankaj Agarwal Vs. Smt. Jyoti
Agarwal) 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 matters for the appearance of both the
parties before the transferee Court.
9. The petitioner as well as the respondent shall remain present
before Family Court, Chittorgarh on the date as fixed and the
transferee Court shall not be under an obligation to issue fresh
notices to any of the parties as the present order has been passed
in the presence of Counsel for both the parties.
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 No.3, Udaipur and Family Court, Chittorgarh.
12. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
40-KashishS/-
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