Rajasthan High Court Refuses Matrimonial Transfer Based Only on Wife's Financial Difficulty

The Rajasthan High Court has declined to transfer divorce proceedings from Alwar to Jaipur where the principal ground urged by the wife was the financial burden of travel.

Background

The wife said she had no independent income and would find it difficult to attend hearings in Alwar. The husband disputed that Jaipur was her permanent residence and offered to bear her travel and related expenses.

Legal issue and Court's reasoning

Justice Chandra Prakash Shrimali found that the material did not clearly establish permanent residence in Jaipur. The Court also held that financial difficulty, standing alone, does not necessarily establish that a litigant is unable to travel, particularly where the opposite party is willing to reimburse the cost.

The transfer request was therefore rejected. The Court nevertheless adopted practical measures to reduce the burden of participation. It permitted the wife to appear through Nyay-Mitra, by video conferencing or in person.

Result and practical consequence

If she appears personally, she may move an appropriate application before the trial court seeking reimbursement of travel expenses from the husband.