[Cites 6, Cited by 0]
Rajasthan High Court - Jodhpur
Smt. Priyanka Galav vs Chandra Prakash Pancholi ... on 19 March, 2026
Author: Rekha Borana
Bench: Rekha Borana
[2026:RJ-JD:13411]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 179/2024
1. Smt. Priyanka Galav W/o Chandra Prakash Pancholi, Aged
About 35 Years, D/o Badri Narayan, R/o, Gangrar, Tehsil,
Gangrar, District-Chittorgarh, Presently Residing At,
Kailash Puri Colony, Salpura Road, Chabra Tehsil- Chabra,
District, Bara, (Raj.)
2. Kum Navya D/o Chandra Prakash Pancholi, Aged About 12
Years, Presently Residing At Chabra, Tehsil, Chabra,
District-Bara, (Raj), Through Mother, Priyanka Galav
Petitioner No. 1
3. Shri Shivam S/o Chandra Prakash Pancholi, Aged About 8
Years, Presently Residing At Chabra, Tehsil, Chabra,
District-Bara (Raj)), Through Mother, Priyanka Galav
Petitioner No. 1
----Petitioners
Versus
Chandra Prakash Pancholi S/o Laxman Pancholi, Aged About 44
Years, Occupation Light Ant Decoration, R/o Aazad Mohalla, Near
Girls School, Gangrar, Tehsil, Gangrar District, Chittorgarh, (Raj)
----Respondent
For Petitioner(s) : Mr. Dilip Singh Rathore
For Respondent(s) : None present
HON'BLE MS. JUSTICE REKHA BORANA
Order
19/03/2026
1. The present transfer application has been filed by the
petitioner wife on her behalf and on behalf of the minor children
with a prayer for transfer of application under Section 6 of The
Hindu Minority and Guardianship Act, 1956 r/w Guardians and
Wards Act, 1890 as filed by the respondent husband before the
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Family Court, Chittorgarh to the Court of Additional District Judge
No.1 Chabra, District Baran.
2. Learned counsel for the petitioner submits that one Transfer
Application (S.B. Civil Transfer Application No. 51/2022) for
transfer of a petition filed under Section 9 of the Hindu Marriage
Act by the respondent, was earlier preferred before this Court
which stood allowed vide order dated 23.04.2024 and the petition
was ordered to be transferred to the Court of Additional District
Judge No.1, Chhabra, District Baran. Counsel submits that present
application be also transferred to the same Court.
3. Despite service none appears for the respondent.
4. Heard the Counsel.
5. It is a well-settled proposition 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), it was 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
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[2026:RJ-JD:13411] (3 of 4) [CTA-179/2024]
the wife's convenience which must be looked at
while considering transfer."
6. Regarding the pendency of multiple proceedings between the
parties, the Courts have consistently taken note of such
circumstances while considering transfer pleas. Hon'ble the Apex
Court in the case of Vaishali Shridhar Jagtap Vs. Shridhar
Vishwanath Jagtap; (2016) 14 SCC 356, observed 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 clear opinion that the
petitioner-wife having two minor children under her care, it would
definitely cause a serious hardship to her in undertaking repeated
travels to Chittorgarh. Further, admittedly, several proceedings are
already pending at Chhabra. Hence, the present transfer
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[2026:RJ-JD:13411] (4 of 4) [CTA-179/2024]
application deserves to be and is hereby, allowed. Case No.
200/2024; Chandra Prakash Pancholi Vs. Priyanka Galav & Ors.
(under Section 6 of The Hindu Minority and Guardianship Act,
1956) be transferred from Family Court, Chittorgarh to the Court
of Additional District Judge No.1, Chhabra, District Baran for trial
and disposal in accordance with law.
8. The learned Family Judge, Chittorgarh is directed to transmit
the entire record of the above case to the transferee Court at
Chhabra 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 Chhabra. Both the parties shall
remain present before the Additional District Judge No.1, Chhabra,
District Baran on the date as fixed.
9. Let a certified copy of the present order be sent each to the
Family Court, Chittorgarh and the Additional District Judge No.1,
Chhabra.
10. Stay application also stands disposed of.
(REKHA BORANA),J
21-suraj/-
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