SBCMISC.TRANSFER PETITION NO.64/2007– SMT. SABNAM V/S MOHD. YUNUS. - ORDER DTD.2.7.2008 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL MISC. TRANSFER PETITION NO.64/2007 Smt. Sabnam versus Mohd. Yunus PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.D.D.Chitlangi, for the petitioner. Mr.R.S. Chaudhary, for the respondent. DATE OF ORDE : 2nd July, 2008. JUDGMENT 1. Heard the learned counsel for the parties. 2. This transfer application has been filed by the petitioner – wife seeking transfer of civil misc. petition No.32/2007 – Mohd. Yunus V/s Smt. Sabnam filed for restitution of conjugal rights, which proceedings are pending in the Court of Civil Judge (Junior SBCMISC.TRANSFER PETITION NO.64/2007– SMT. SABNAM V/S MOHD. YUNUS. - ORDER DTD.2.7.2008 2/4 Division), Sardar Shahar, Dist. Churu about 120 kms.away from the place where the petitioner – wife is residing i.e. Bikaner. No order proceedings are admittedly pending in other Courts filed at the instance of the petitioner – wife. 3. The learned counsel for the petitioner submits that this Court has taken a view in certain decisions relied upon by him where the proceedings under Section 9 of the Hindu Marriage Act have been transferred at the instance of the wife at the place where she is residing. He has relied upon the decision in the cases of Smt. Samta V/s Sanjay Kumar Sharma reported in 2005(5) WLC (Raj.) 126 and Prabha (Smt.) V/s. Ashok Kumar reported in 2004(1) Civil Times (Raj.) 441 and two unreported decisions in the case of Smt. Maina Devi V/s Sh. Mukesh Kumar Gupta - S.B. Civil Misc. Transfer Petition No.25/2004 decided on 3.9.2004 and Smt. Kiran V/s Sh. Sajjan Kumar Mittar – S.B. Civil Misc. Transfer Petition No.11/2004 decided on 2.8.2004. He submits that the petitioner – wife is living with three children at Bikaner and it is difficult for her to contest these proceedings at Sardarshahar. SBCMISC.TRANSFER PETITION NO.64/2007– SMT. SABNAM V/S MOHD. YUNUS. - ORDER DTD.2.7.2008 3/4 4. On the side opposite, Mr. Chaudhary submits that without any valid rhyme or reason, the petitioner – wife left the matrimonial home though they have lived together for 12 years in matrimonial home and there are three children out of the wedlock and the respondent – husband had even undertaken treatment for her mental sickness when she lived with him and there is no good ground to transfer these proceedings from Sardarshahar to Bikaner. He submits that the respondent – husband is carrying on business of small “Pan Shop” at Sardarshahar and it is equally difficult for him to go to Bikaner and pursue these proceedings. 5. Having heard the learned counsels, this Court finds no ground to transfer the proceedings from the Court at Sardarshahar to Bikaner merely because the wife decides to leave matrimonial home and lives at a different place. It is always not necessary that all the proceedings arising in matrimonial cases should be contested and decided at the place where wife resides. The judgments relied upon by the learned counsel for the petitioner have turned in different facts and circumstances of the case before the Court and they cannot be made straight-jacket precedent for such transfer petitions. SBCMISC.TRANSFER PETITION NO.64/2007– SMT. SABNAM V/S MOHD. YUNUS. - ORDER DTD.2.7.2008 4/4 6. The petition is accordingly dismissed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.3 Ss/-