[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Smt. Bhawna Shekhawat vs Narendra Singh (2026:Rj-Jd:13412) on 19 March, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:13412]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 330/2025
Smt. Bhawna Shekhawat D/o Pratap Singh Ji Shekhawat, Aged
About 34 Years, R/o House No 286, Gali No 12/14, New BJS
Colony, Jodhpur
----Petitioner
Versus
Narendra Singh S/o Bhagirath Singh, Aged About 35 Years, R/o
Opposite Excise Office, Nagaur Colony, Railway Station Road,
Jalore
----Respondent
For Petitioner(s) : Mr. Basant Kumar Meena
For Respondent(s) : Mr. Devki Nandan Vyas
HON'BLE MS. JUSTICE REKHA BORANA
Order
19/03/2026
1. The present transfer application has been filed by the
petitioner wife with a prayer for transfer of application under
Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to
as 'Act of 1955') filed by the respondent husband before the
Family Court, Jalore to Family Court No.1, Jodhpur.
2. Counsel for the petitioner submits that the petitioner is
facing serious hardship in attending the proceedings at Jalore as
she is under an obligation to take care of her minor son aged six
years who is suffering from diabetes and is under regular
medication.
3. Heard the Counsels.
4. It is a well-settled proposition of law that in matrimonial
matters generally, it is wife's convenience which must be looked at
(Uploaded on 21/03/2026 at 06:17:06 PM)
[2026:RJ-JD:13412] (2 of 4) [CTA-330/2025]
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."
5. Dealing with the ground of minor child/children being in the care
and custody of the petitioner-wife, Hon'ble the Apex Court in the
case of Reena Bahri v. Ajay Bahri, (2002) 10 SCC 136
observed as under:
"2. The wife has a child, approximately three years
old, with her in Bombay. She avers that she has
no source of income and no one to travel with her
from Bombay to Delhi. In the circumstances, she
is unable to satisfactorily defend the divorce
petition. It is contended on behalf of the husband
that the transfer petition should be dismissed, and
that he will pay for the wife's transport between
Bombay and Delhi along with an escort, whenever
required, as also pay for the travel of her
witnesses in the matrimonial proceedings.
3. This misses two points. The first relevant
circumstance is that there is a very small child
with the wife in Bombay and the second is that the
wife does not have anybody who can conveniently
accompany her to Delhi. Apart from this, as is
shown by the counter, there are already
proceedings in Bombay which the husband has to
(Uploaded on 21/03/2026 at 06:17:06 PM)
[2026:RJ-JD:13412] (3 of 4) [CTA-330/2025]
defend. We think, in the circumstances, that the
transfer petition should be allowed."
6. Coming on to the present matter, it is an admitted fact that
the petitioner is having a minor child under her care who is
suffering from diabetes and is under regular medication. In that
circumstance, if the petitioner is forced to attend the regular
proceedings at Jalore, it would be of a more hardship to the minor
child than to the mother. Not only the health of the child would be
affected, but also his medication would have a negative effect in
both the cases - if the mother accompanies him to Jalore on each
date or she leaves him at Jodhpur under the care of her relatives.
By all means, the petitioner would definitely suffer a serious
hardship and hence, in the opinion of this Court, the present
transfer application deserves to be and is hereby, allowed. Case
No. 164/2025; Narendra Singh Vs. Bhawna Shekhawat (under
Section 9 of the Act of 1955) be transferred from Family Court,
Jalore to Family Court No.1, Jodhpur for trial and disposal in
accordance with law.
7. The learned Family Judge, Jalore is directed to transmit the
entire record of the above case to the transferee Court at Jodhpur
within a period of two weeks of the receipt of the certified copy of
the present order while fixing the next date in the matter for
appearance of the parties at Jodhpur.
8. The petitioner as well as the respondent shall remain present
before Family Court No.1, Jodhpur on the date as fixed and the
Court at Jodhpur shall not be under an obligation to issue fresh
(Uploaded on 21/03/2026 at 06:17:06 PM)
[2026:RJ-JD:13412] (4 of 4) [CTA-330/2025]
notices to any of the parties as the present order is passed in the
presence of Counsel for both the parties.
9. Let a certified copy of the present order be sent each to the
Family Court, Jalore and the Family Court No.1, Jodhpur.
10. Stay application also stands disposed of.
(REKHA BORANA),J
30-suraj/-
(Uploaded on 21/03/2026 at 06:17:06 PM)
Powered by TCPDF (www.tcpdf.org)
