SBC TRANSFER PETITION NO.23/2009 – SMT. ARTI SHARMA V/S SUSHIL KUMAR :JUDGMENT DTD.10.9.2009 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL TRANSFER PETITION NO.23/2009 Smt. Arti Sharma Versus Sushil Kumar PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr. Yogesh Verma, for the petitioner Mr.Pradeep Shah, for the respondent. Mrs. Arti Sharma } Mr.Sushil Kumar Sharma } present in person. DATE OF JUDGMENT : 10th September, 2009. JUDGMENT 1. Both the learned counsels are present with the parties. 2. By counselling of the learned Counsels and the Court, the parties have arrived at agreement to live together as husband and the wife and to withdraw their litigation with regard to matrimonial dispute. The respondent – husband who had filed an application under Section 13 of the Hindu Marriage Act for divorce prays that the divorce petition may be treated as dismissed. SBC TRANSFER PETITION NO.23/2009 – SMT. ARTI SHARMA V/S SUSHIL KUMAR :JUDGMENT DTD.10.9.2009 2/3 3. On the said statement of the learned counsel in presence of the respondent - husband, the application under Section 13 of the Hindu Marriage Act is dismissed as withdrawn and therefore, the original case No.10/2009 – Sushil Kumar Sharma V/s Smt. Arti Sharma pending in the Court of Dist. Judge, Balotara shall be treated as dismissed as withdrawn. 4. Since the couple has two children also out of this wedlock, who are presently living with the petitioner – wife, the petitioner -wife along with the children would to go to the matrimonial home at the husband's place of service in Samdari today itself and they will live together happily as assured by them. On the request of the petitioner – wife Smt. Arti Sharma, Mr. Sushil Kumar Sharma, who is working as Teacher in Government School assures and undertakes before this Court that to ensure family peace, he would see to it that other relatives of the family like his sister Rama Sharma and others do not interfere in the affairs of their family. The mother of the respondent – husband is no more and old aged father Sh. Sundar Lal Sharma lives with him who may continue to live with him and the petitioner – wife assures and undertakes to serve him as father-in-law. On the said assurance of the respondent - husband, the petitioner - wife has agreed to live in the matrimonial home with her children. SBC TRANSFER PETITION NO.23/2009 – SMT. ARTI SHARMA V/S SUSHIL KUMAR :JUDGMENT DTD.10.9.2009 3/3 5. Though the petitioner – wife also claimed that present maintenance of Rs.6000/- being paid by the husband may be continued, but since that may not be permissible in accordance with the provisions of law, once the petitioner – wife starts living with her husband, but to maintain equilibrium of the family, the respondent – husband undertakes to set apart Rs.6000/- out of this salary and give it to the petitioner - wife every month. More payment than the said amount of Rs.6000/- by the respondent – husband to the petitioner – wife is not prohibited. It is for the parties to mutually decide it. 6. Accordingly, the aforesaid transfer petition as well as the main case No.10/2009 is treated as disposed of in aforesaid terms. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.8 Ss/-