TRANSFER APPLICATION NO.52/2008-Smt. Rekha Gupta Vs. Dr. Vivek Gupta Judgment dt.6.7.09 1/2 S.B. CIVIL MISC. TRANSFER APPLICATION NO.52/2008 Smt. Rekha Gupta Vs. Dr. Vivek Gupta Date of order : 6th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Dr. Shailendra Kalla for the applicant. Mr. Rajesh Choudhary for Mr. Sushil Kumar for the respondent. ------- 1. Heard learned counsels. 2. This is a transfer application filed under Section 24 C.P.C. by the wife seeking transfer of divorce application under Section 13 of the Hindu Marriage Act to the case No.335/2008 filed by the respondent-husband at Ajmer to Beawar where she is residing with her parents. 3. Learned counsel for the petitioner-wife submits that earlier also by the agreement between the parties such proceedings in Civil Misc. Transfer Petition No.7/2002 under Section 24 CPC were transferred to Beawar by this Court on 9.9.2003. It appears that the respondent-husband did not attend the proceedings at Beawar and on the other hand learned counsel for the respondent submitted that the proceedings continued at Ajmer despite High Court's order. TRANSFER APPLICATION NO.52/2008-Smt. Rekha Gupta Vs. Dr. Vivek Gupta Judgment dt.6.7.09 2/2 4. This submission of learned counsel for the respondent is very strange and unbelievable that after High Court's order dated 9.9.2003 the proceedings could continue in Ajmer in any manner what is the fate of those proceedings is not known.. Now again it appears that the respondent-husband has filed fresh proceedings at Ajmer which have been registered as Case No.335/2008 and the respondent-wife had to approach this Court by way of this present transfer application. 5. Having heard learned counsels and upon perusal of averments in transfer application, this Court is satisfied that in view of the law applicable, the proceedings of the divorce pending at Family Court, Ajmer deserve to be transferred to District Judge, Beawar and, therefore, the record of case No.335/2008 be transferred to Beawar forthwith for trial. 6. The transfer application is accordingly allowed. [ DR. VINEET KOTHARI ], J. item No.139 babulal/