Rajasthan High Court Transfers Matrimonial Proceedings Citing Obstruction by Advocate Wife

 

The Rajasthan High Court has ordered the transfer of two ongoing cases—one under dowry harassment statutes and the other a maintenance petition—between a husband and his advocate wife from the court at Sawai Madhopur to a court in Jaipur. The husband had asserted that his wife, also an advocate appearing before local courts, had interfered with his legal representation and the fair conduct of the proceedings.

According to the husband’s petition, his wife had lodged a dowry harassment case against him in the Chief Judicial Magistrate’s court and, in parallel, initiated a maintenance suit before the family court. He alleged that she had also approached the local Bar Association seeking action against his counsel and induced the association to issue notices to three of his lawyers—effectively pressuring them to withdraw representation. Though the notices were later rescinded, the husband claimed the incident undermined his right to counsel and fair trial.

On hearing the matter, the single-judge bench noted that courts are “temples of justice” and that litigants must have uninterrupted access to representation and an impartial forum. Given the husband’s complaint of interference by his spouse who was practising locally, the bench found that a potential threat to fairness of adjudication existed. In balancing the interests and ensuring a neutral venue, the Court held that the transfer of the proceedings to Jaipur was appropriate. The order directs that both the dowry harassment matter and the maintenance petition be heard at the Jaipur venue. It also specified that the husband must continue remitting the maintenance amount of ₹15,000 per month as earlier ordered by the family court.

This decision underscores the Court’s willingness to transfer matrimonial and related proceedings when there are valid grounds to believe that local dominance, familial influence or any external interference might jeopardise the litigant’s right to a fair trial. By ordering the transfer, the High Court sought to remove the parties from the localised setting in which the wife exercised influence, thereby seeking to restore the balance of representation.

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