Financial Difficulty Alone Does Not Justify Transfer of Matrimonial Case: Rajasthan High Court

Transfer plea declined, but procedural convenience protected

The Rajasthan High Court dismissed a petition seeking transfer of matrimonial proceedings from Alwar to Jaipur. The wife had argued that she had no independent income and would face hardship in travelling to Alwar on every date of hearing. The husband opposed the plea and questioned whether Jaipur had been shown to be her permanent residence. He also expressed willingness to bear the relevant travel and incidental expenses.

The Court held that financial difficulty, by itself, was not sufficient to justify transfer in the circumstances of the case. Since the residence aspect was not clearly established and the husband had offered to mitigate travel hardship, the Court found no compelling basis to shift the proceedings.

However, the Court took a practical view to reduce inconvenience. It permitted use of Nyaya Mitra or video-conferencing, wherever procedurally permissible, so that the wife's participation in the case could be facilitated without transferring the proceedings.