D.B. CIVIL SPECIAL APPEAL (CIVIL) NO. 87/2007 Date : 08.05.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. CHAND MAL TOTLA, J. Mr. Arjun Purohit for the appellant. Mr. Rakesh Arora for the respondent. = = = = Heard learned counsel for the parties. The appellant is resident of Jodhpur and is seeking transfer of divorce petition filed by respondent being No. 71/2006 'Rugga Ram Vs. Smt. Reena' pending in the court of Additional District Judge, Parbatsar. Learned counsel for the appellant submitted that respondent himself filed a petition under Guardians and Wards Act at Jodhpur in the Family court and that was dismissed. The petitioner appellant submitted an application for maintenance which was allowed by Family Court and proceedings for recovery of the amount is pending in the Family Court, Jodhpur. It is also submitted that neither of the parties are residing at Parbatsar. The respondent is posted at Beawar and therefore, both the parties have to travel to court at Parbatsar. It is further submitted that looking to other factors about the condition of appellant, it will be just and proper to transfer the case to Family Court, Jodhpur Learned counsel for the respondent submits that respondent is in Government service and he is posted at Beawar and serving there. So far as his posting is concerned, that is temporary and he may be transferred any time anywhere. It is also submitted that no case is made out for transfer of case. After considering the facts of the case, we are of the view that when both the parties are not permanently residing at Parbatsar and respondent is in Government service and posted outside Parbatsar, he can very well travel to Jodhpur also in place of Parbatsar where petitioner appellant is residing. In the totality of facts and reasons given by petitioner appellant, it is deemed proper that divorce petition filed by respondent be transferred to Family Court, Jodhpur. The appeal is allowed. The divorce petition NO. 71/06 'Rugga Ram Vs. Smt. Reena' pending in the court of Additional District Judge, Parbatsar is withdrawn and transferred to Family Court, Jodhpur for deciding in accordance with law. Both the parties shall appear before the Family Court, Jodhpur on 2nd June, 2008. Copy of the order be sent to the court of Additional District Judge, Parbatsar forthwith who may transmit the record to Family Court, Jodhpur immediately. Family Court, Jodhpur is requested to decide the divorce petition within six months from the receipt of record and both the parties shall also co-operate the Family court in deciding the petition. (CHAND MAL TOTLA), J. (PRAKASH TATIA), J. Bijesh