Transfer Pet.NO.4/08 Smt. Usha Barolia Vs. Shri Rajendra Kumar. Judgment dt.8.12.09 1/4 S.B. CIVIL TRANSFER PETITION NO.4/2008 Smt. Usha Barolia Vs. Shri Rajendra Kumar. Date of order : 8th December, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Vijay Vishnoi for the petitioner. Mr. M.S. Rajpurohit for the respondents. Smt. Usha Baralia ) present in Court. Mr. Rajender Kumar) ------- 1. Counsels present with the parties in pursuance of the directions of this Court dated 3.11.2009. After reconciliation talks held with the parties, the parties have started to live together. 2. Both the parties present in Court today submit that they are living happily together and now want to end their matrimonial dispute together and, therefore, pending cases in various courts, the details of which are given below, may be decided in terms of the compromise:- (i) Divorce Petition No.259/2007 – Rajendra Vs. Usha pending before Family Court, Udaipur. (ii) Cr. Original Case No.376/2007 – State Vs. Rajendra pending before ACJM, Shri Madhopur (Sikar). (iii) Usha Vs. Rajendra, pending before ACJM Shri Madhopur (Sikar under Sec.190 Cr.P.C. Transfer Pet.NO.4/08 Smt. Usha Barolia Vs. Shri Rajendra Kumar. Judgment dt.8.12.09 2/4 3. Accordingly, this transfer application as well as the pending cases, the list of which is given aforesaid, are treated as disposed of in terms of mutual compromise between the parties. The terms agreed between the parties on 3.11.2009 before this Court are reproduced hereunder again:- “1. The respondent husband – Mr. Rajendra Kumar and his father Mr.Ganga Ram will visit the petitioner-wife's place of residence and petitioner- wife on being assured would go back to her matrimonial home along with the child Asu aged about 9 years born out of this wedlock at Udaipur with them. 2. Along with the petitioner-wife and child, for the safety and security, for the time being, her brother Arvind may also accompany them to her matrimonial home and be permitted to reside there at least for a week. 3. The respondent husband and his family members, father and mother being present in the Court, who have marked their presence in acceptance of these terms, have assured this Court that they will not indulge in any act of physical violence or abusive language towards the petitioner wife and would try to keep her in matrimonial home with all possible love, affection and respect. Transfer Pet.NO.4/08 Smt. Usha Barolia Vs. Shri Rajendra Kumar. Judgment dt.8.12.09 3/4 Any complaint received in writing from petitioner wife would be viewed seriously by this Court and may result in serious consequence for the respondent husband and other family members. No court subordinate to this Court exercising civil or criminal jurisdiction including Family Court will entertain any proceedings, application in regard to this matrimonial dispute henceforth so long as this transfer application is pending in this court. If the respondent husband has any genuine grievance from the behaviour of petitioner wife during this family reunion, he is also at liberty to move appropriate application in writing along with his affidavit and evidence before this court. It is expected from the parties to live peacefully and in good harmony in their matrimonial home as they are qualified and educated persons and are in Government service, particularly for the benefit of a young child Asu, born out of this wedlock. The Court expresses its satisfaction for the reconciliation talks held through good offices of the counsels and hope that parties will life happily and harmoniously. “ 4. In view of the aforesaid, this transfer application as well as the cases given in the aforesaid list are disposed of. Transfer Pet.NO.4/08 Smt. Usha Barolia Vs. Shri Rajendra Kumar. Judgment dt.8.12.09 4/4 5. Both the counsels submit that since both the parties are in Government job at different places, they pray that they will move applications to the State Government for their posting in the same place so that they can live together. It is expected that if such application is moved by the respective parties to the competent authority as per the guidelines of the State Government, the competent authority will decide their applications sympathetically. [ DR. VINEET KOTHARI ], J. item No.22 babulal/