Transfer Petition – 55/2009 - Seema Agarwal Vs. Rajesh Agarwal Judgment dt.14.12.09 1/3 S.B. CIVIL MISC. TRANSFER PETITION NO.55/2009 Seema Agarwal Vs. Rajesh Agarwal. Date of order : 14th December, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Dr. P.S. Bhati for the petitioner. Mr. Rakesh Arora for the respondent. ------- 1. This transfer application has been filed seeking transfer of case No.421/2006 – Rajesh Agarwal Vs. Seema Agarwal filed by the husband under Section 13 of the HM Act at Family Court, Jaipur. 2. Learned counsel for the petitioner Dr. P.S. Bhati submits that though the previous two transfer applications filed by the parties came to be disposed of on 1st May, 2009, since the ground on which the transfer of proceedings from Jaipur to Jodhpur was earlier refused no more exist. He submits that earlier this Court had directed the Family Court, Jaipur to expedite the trial and conclude the same within 6 months from 1st May, 2009. He submits that a period of 6 months has passed but the proceedings under Section 9 of the Act as well as under Section 13 of the Act have not been concluded so far. 3. He further submitted that the another ground for not transferring the case from Jaipur to Jodhpur was the medical reasons of the husband, who was suffering from spinal problem. Transfer Petition – 55/2009 - Seema Agarwal Vs. Rajesh Agarwal Judgment dt.14.12.09 2/3 4. On the other hand, learned counsel for the respondent Mr. Rakesh Arora submits that the Court had directed the payment of Rs.700/- per visit to the Family Court, Jaipur consolidating trials under Sections 9 and 13 of the Act. The Court had disposed of the earlier transfer application and against the said order passed by this Court on 1st May, 2009, the petitioner Seema Agarwal had even approached the Hon'ble Supreme Court by way of SLP No.19049- 19050/2009 which was dismissed summarily by the Hon'ble Supreme Court on 13.8.2009 and even the Hon'ble Apex Court had expressed in the said order that hearing of the main case before the trial court be expedited. 5. He has further submitted that the petitioner-wife is not present before the Family Court, Jaipur today when the date is fixed there and instead of that she has filed the present transfer application again before this Court which is not maintainable. 6. Having heard learned counsels, this court is of the opinion that the request of the petitioner-wife for transfer of proceedings from Jaipur to Jodhpur having been refused by this Court and that order having been upheld by the Hon'ble Supreme Court, again a transfer application cannot be filed by the petitioner-wife merely because the Family Court in Jaipur has failed to conclude the Transfer Petition – 55/2009 - Seema Agarwal Vs. Rajesh Agarwal Judgment dt.14.12.09 3/3 proceedings within 6 months from the date of order i.e. 1st May, 2009. 7. Since this Court as well as Hon'ble Apex Court have directed the Family Court to expedite the proceedings, it is expected that the Family Court, Jaipur will take steps for expeditious disposal of the proceedings and conclude the same not later on 31st January, 2010 in any case. The petitioner-wife is also directed to cooperate in the proceedings and not to seek any adjournment from the Family Court, Jaipur. With the cooperation of both the parties, the learned Family Court, Jaipur will expedite the proceedings and shall conclude the same before 3rd January, 2010. 8. With these observations, this transfer application is disposed of. [ DR. VINEET KOTHARI ], J. item No.119 babulal/