Financial Difficulty Alone No Ground To Transfer Matrimonial Case; Husband Can Bear Wife's Travel Expenses: Rajasthan High Court

Update: 2026-09-19 04:30 GMT

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Rajasthan High Court dismissed a petition by a wife, seeking transfer of divorce proceedings from Alwar to Jaipur opining that that merely because petitioner had claimed to be not financially well-off, it could not be accepted that she was unable or incapable of travelling, especially when the respondent-husband was ready to pay off her expenses for such travel.

The bench of Justice Chandra Prakash Shrimali also took note of the fact that the petitioner was not a permanent resident of Jaipur and was allegedly residing there in a live-in relationship with another man.

For context, it was the case of the petitioner that she was residing in Jaipur and had no source of income. Hence, it was not possible for her to travel to Alwar on every date of hearing since such travel would impose unnecessary financial burden on her.

On the contrary, the respondent argued that the petitioner was not a permanent resident of Jaipur but Dholpur. The FIR was also filed at Dholpur. It was submitted that she was residing in Jaipur owing to a live-in relationship. The respondent submitted photographs in this regard.

It was further argued that if the petitioner travelled from Jaipur to Alwar, he was ready to bear her travel and other expenses. Further, petitioner's financial weakness, itself could not be a ground for allowing such transfer petitions.

After hearing the contentions, the Court highlighted that the fact of petitioner being a permanent resident of Jaipur was not prima facie clear.

Further, the Court agreed with the argument put forth by the respondent, and held that merely because she was not financially well-off, it could not be accepted that she was unable to travel.

Hence, it was held that there was no justifiable basis for transferring the case from Alwar to Jaipur merely because the petitioner was not financially capable, especially when the respondent was ready to bear all such expenses.

Accordingly, the Court dismissed the transfer petition while allowing petitioner's appearance either through Nyay-Mitra , or video conferencing, or personally in which case she may file an application seeking reimbursement of expenses from the respondent.