Transfer of Matrimonial Proceedings · 19 September 2026
S v. T: Rajasthan High Court Declines to Transfer Divorce Case on Wife's Financial Hardship Where Husband Offers Travel Expenses
High Court of Rajasthan · 2026 LiveLaw (Raj) 384
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A wife filed a transfer petition to move divorce proceedings brought by her husband from the Family Court at Alwar to Jaipur, saying she lived in Jaipur with no source of income and could not afford to travel to Alwar for every hearing. The husband opposed it, saying she is a permanent resident of Dholpur, where an FIR had also been filed, that she was staying in Jaipur because of a live-in relationship (he produced photographs), and that he was ready to bear her travel and other expenses for attending in Alwar.
Justice Chandra Prakash Shrimali noted that her permanent residence in Jaipur was not prima facie clear, and held that merely because she was not financially well-off it could not be accepted that she was unable to travel, especially as the husband was ready to bear the expenses. The Court found no justifiable basis for the transfer and dismissed the petition, while permitting her to appear through a Nyay-Mitra, by video conferencing, or in person, in which case she may apply for reimbursement of her expenses from the husband. The live-in allegation was the husband's contention, and the Court did not rule on it.
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