Jodhpur: The Rajasthan High Court has transferred a divorce case from Banswara to Kota, after the wife, who resides in Kota, submitted that she would have to travel nearly 320 km for every hearing, causing financial hardship and physical and mental distress.
Justice Farjand Ali, considering the inconvenience involved in pursuing the matrimonial proceedings at Banswara, allowed the transfer petition and shifted the case to Kota.
The Court further observed that matrimonial transfer petitions should not remain pending for years due to procedural formalities. Where the balance of convenience clearly favours one forum, the Court held that prolonged procedural delays should not allow “procedure to overshadow justice.”
Against this backdrop, the High Court relied on the Supreme Court’s settled position that in matrimonial proceedings instituted by the husband against the wife, the wife’s convenience deserves paramount consideration. The Court observed that such proceedings should ordinarily be heard at a forum proximate to the wife’s residence to avoid undue hardship.
The Court accordingly transferred Case from Banswara to Family Court of Kota.