1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Rajesh Agarwal vs. Smt. Seema Agarwal S.B.Civil Transfer Application No.46/2008 Smt. Seema Agarwal vs. Rajesh Agarwal S.B.Civil Transfer Application No.40/2008 DATE OF ORDER : 1st May, 2009 P R E S E N T HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Rakesh Arora, for applicant-husband Mr.Arjun Purohit, for respondent-wife. BY THE COURT: Heard learned counsels. These two cross transfer petitions have been filed by husband and wife respectively in a matrimonial dispute. By the transfer application no.46/08, the Husband- Rajesh Agarwal, serving as Data Entry Operator in Rajasthan High Court, Jaipur Bench, Jaipur has sought transfer of petition filed under Section 9 of the Hindu Marriage Act filed by respondent wife in the Family Court, Jodhpur to Family Court, Jaipur and another transfer application no.40/08 2/4 filed by respondent-wife Smt. Seema Agarwal is for seeking transfer of proceedings under Section 13 pending in the Family Court, Jaipur to Family Court, Jodhpur. Learned counsel for the appellant husband Mr.Rakesh Arora submitted that on account of fracture of spine, the medical report of which is placed on record, the appellant husband is not at all in a position to undertake journey to Jodhpur for attending the proceedings in the petition under Section 9 of the Act filed by respondent wife, whereas, under the orders of Family Court he is directed to pay Rs.700/- for each visit of respondent wife for attending the proceedings under Section 13 at Family Court, Jaipur and this amount has been fixed by consent of both the parties. Besides this, he is also paying monthly maintenance of Rs.2500/- under the recent orders passed by the Family Court, Jodhpur in an application under Section 125 Cr.P.C. On the side opposite, Mr.Arjun Purohit submitted that as per the law laid down by Hon'ble Supreme Court in Rajni Kishor Pardeshi vs. Kishor Babulal Pardeshi – (2005 ) 12 SCC 237 and other judgments of this Court, one of which is Smt. Samta vs. Sanjay 3/4 Kumar Sharma – 2005 (5) WLC 126, the proceedings under Section 13 pending at Jaipur deserve to be transferred to Family Court, Jodhpur in view of convenience of the respondent-wife, who is living with her parents with two children borne out of the wedlock. The Family Court, Jaipur has recorded that reconciliation between the two parties is not possible and, therefore, both the petitions have to be tried on merits. In view of the aforesaid submissions of learned counsel for the appellant husband that on account of medical reason of the husband and that respondent wife is to be paid Rs.700/- per visit to the Family Court,Jaipur for attending the consolidated proceedings, it is considered expedient that both the proceedings be consolidated and decided together by the Family Court, Jaipur. The case law relied upon by the learned counsel for the respondent wife is not applicable in the aforesaid context. Accordingly, the transfer application no. 46/2008 filed by the appellant-husband is allowed, whereas, transfer application no.40/08 filed by respondent wife is rejected. The learned Family Court, Jodhpur is directed to transfer the proceedings of case no.88/2008 & 4/4 other related proceedings filed by respondent wife Smt. Seema Agarwal & pending with it to Family Court, Jaipur and learned Family Court, Jaipur is directed to try all the proceedings under Section 13 and under Section 9 of the Act or such other proceedings, if any, simultaneously and decide the same expeditiously preferably within a six months from today. No order as to costs. (DR.VINEET KOTHARI), J. itemno.39 & 40 baweja/-