Rajasthan High Court Dismisses Wife’s Transfer Plea in Divorce Case

February 15, 2026

Jodhpur: The Jodhpur bench of the Rajasthan High Court issued an important order in a divorce case between a husband and wife. Single judge Justice Rekha Borana dismissed the transfer petition of the 45-year-old wife, a resident of Jaipur.

The court said that women’s problems are important, but that does not mean that men’s problems should be ignored. Equality means equal treatment for both parties.

What was the matter?

The husband (49) had filed a divorce petition in the Bikaner Family Court. The wife, in her application to the High Court, stated that she has been living and working in Jaipur with their two sons (aged 16 and 18) since 2005.

She also stated that both of them have other pending cases in Jaipur, so the divorce case should also be transferred there.

What did the husband argue?

The husband stated that he is his parents’ only son. Her mother is bedridden with cancer, while her father is over 80 years old. She is responsible for their care, so frequent visits to Jaipur are not possible.

During the hearing, the husband’s lawyer stated that if the Bikaner Family Court orders the wife’s travel expenses, the husband is willing to bear them.

Court Comments

After reviewing the records, the court stated that the wife did not provide a clear description of other pending cases in Jaipur. Therefore, this ground cannot be accepted.

The court acknowledged that transferring the case to Jaipur would cause greater hardship to the husband, as he is caring for his seriously ill mother and elderly father.

Petition Dismissed, Instructions on Expenses

The High Court dismissed the wife’s civil transfer petition. It also clarified that if the wife applies for expenses in the Bikaner court, the relevant court can issue appropriate orders.

What is the law on transfer?

Lawyer Uday Shankar Acharya explained that in civil cases, the High Court has the power to transfer a case under Section 24 of the Code of Civil Procedure (CrPC).
Transfer is granted when a party is seriously inconvenienced or a fair trial is likely to be affected. The court makes its decision after considering distance, financial situation, family responsibilities, and other circumstances.