SBC TRANSFER PETITION NO.9/2009 – SMT. AKETA . V//S ANURAG JOSHI :JUDGMENT DTD.29.9.2009 1/4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL TRANSFER PETITION NO.9/2009 Smt. Aketa. Versus Anurag Joshi PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Varun Goyal, for the petitioner Mr.Rahul Bathi, }for the respondents. Ms.Sangeeta Sharma } DATE OF JUDGMENT : 29th September, 2009. JUDGMENT 1. This transfer petition has been filed by the petitioner – wife under Section 24 C.P.C. seeking transfer of divorce petition No.441/2008 under Section 13 of the Hindu Marriage Act pending in the court of Dist. and Sessions Judge, Alwar. The petitioner – wife has prayed that since she is living with her one year old son at Hanumangarh with her father and she is pursuing her Ph.D. in Chemistry at Hanumangarh and therefore, it is very difficult for her to go far away to Alwar from Hanumangarh, therefore, the said case deserves to be transferred to Hanumangarh. It has been further averred in the transfer petition that even though marriage in question SBC TRANSFER PETITION NO.9/2009 – SMT. AKETA . V//S ANURAG JOSHI :JUDGMENT DTD.29.9.2009 2/4 took place at Alwar, but she is living at Hanumangarh with her parents ever since she was turned out of her matrimonial home on 2.12.2008. 2. Looking to the qualification and status of the parties, this Court made serious efforts with the help of counsels for reconciliation between the parties. Despite such efforts made on 2-3 occasions and reconciliation talks held in chambers, ultimately on account of reticent attitude of the respondent – husband, who flatly refused to live with the petitioner – wife, though the petitioner – wife was willing to make compromise and live in her matrimonial home for the benefit of their child born out of this wedlock on 19.8.2008, ultimately compromise talks failed and thus, the transfer petition is being decided on merits. 3. The learned counsel for the respondents also urged that the respondent - husband is also in Government job and therefore, the divorce petition filed by him under Section 13 of the Act deserves to be maintained at Alwar or in the alternative same may be transferred to a third independent place, where both the parties may have trial of the said petition. 4. Having heard the learned counsels and in view of the averments made in the transfer petition to which no counter affidavit SBC TRANSFER PETITION NO.9/2009 – SMT. AKETA . V//S ANURAG JOSHI :JUDGMENT DTD.29.9.2009 3/4 has been filed so far by the respondents, this Court is of the opinion that in view of settled legal position in this regard, the divorce petition under Section 13 of the Act filed by the respondent – husband at Alwar deserves to be transferred to Hanumangarh. Though the marriage in question took place on 11.1.2008 at Alwar, but since the petitioner – wife is living at Hanumangarh with her parents with small child of about 1 year of age and she is also pursuing her Ph.D. at Hanumangarh, therefore, in the interest of justice, the said case is directed to be transferred to court of Dist. Judge, Hanumangarh from the Court of Dist. and Sessions Judge (Matrimonial Jurisdiction), Alwar. 5. The learned counsel for the respondent – husband also informs the Court that for maintenance of the petitioner – wife, the learned Additional Chief Judicial Magistrate, Hanumangarh passed an order on 8.6.2009 directing the respondent – husband to pay the monthly maintenance of Rs.2000/- each for the petitioner wife and her son, but the learned counsel for the petitioner – wife submits that except two months' payment under the said order, no further amount has been paid by the respondent – husband. Since case is being transferred to Hanumangarh, it is also directed that the respondent – husband will pay arrears of maintenance in accordance with the order passed on 8.6.2009 by the learned trial Court on an application under Section 125 Cr.P.C. by the petitioner – wife and the respondent SBC TRANSFER PETITION NO.9/2009 – SMT. AKETA . V//S ANURAG JOSHI :JUDGMENT DTD.29.9.2009 4/4 - husband shall continue to pay the said maintenance fixed by the learned trial Court till the trial of the said application under 13 of the Act is concluded and further orders for maintenance would abide by the final orders passed by the said trial Court. 6. With these observations, the transfer petition is allowed with no order as to costs. (Dr.VINEET KOTHARI)J. Item No.7 Ss/-