The Rajasthan High Court has dismissed a petition seeking transfer of a matrimonial case from Family Court No. 1, Alwar, to the Family Court at Sanganer, Jaipur. Justice Chandra Prakash Shrimali held that the circumstances placed before the Court did not justify transferring the proceedings.
The petitioner sought transfer of proceedings under Section 13(1) of the Hindu Marriage Act, 1955, which were pending before the Family Court at Alwar. She submitted that she was residing in Jaipur, had no source of income and would face financial difficulty travelling to Alwar for every hearing.
The respondent disputed her claim of being a Jaipur resident and submitted that she was actually residing at Dholpur. The respondent also referred to reports registered at Dholpur and placed photographs before the Court in support of his submissions regarding the petitioner’s alleged live-in relationship. These were the respondent’s contentions and were not recorded by the Court as established findings.
The High Court noted that the petitioner’s permanent residence in Jaipur was not prima facie clear from the material before it. The Court also considered the respondent’s submission that he was prepared to bear the expenses incurred by the petitioner for travelling to Alwar.
Referring to earlier judicial decisions, the Court observed that financial weakness of a wife, by itself, could not be treated as a sufficient ground for transferring matrimonial proceedings. The Court also noted that arrangements could be made for the petitioner’s expenses when her presence was required.
The order further permitted the petitioner to appear through Nyay-Mitra or video conferencing, or personally, with liberty to seek reimbursement of the relevant expenses from the respondent.
The High Court found no sufficient justification to transfer the matrimonial proceeding from Alwar and dismissed the transfer petition filed under Section 24 CPC.
Case: T v. S
Case Number: S.B. Civil Transfer Petition No. 234/2026
Judge: Justice Chandra Prakash Shrimali
Decision Date: September 9, 2026
