Transfer Petition – 66/2007 - Smt. Sumitra @ Chhanu Vs. Dharmendra Singh Khichi : 18.7.08 1/2 S.B. CIVIL TRANSFER PETITION NO.66/2007 Smt. Sumitra @ Chhanu Vs. Dharmendra Singh Khichi Date of order : 18th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. M.L. Khatri for the petitioner. Mr. D. Jasmatiya for Mr. H.S. Saraswat for the respondent. --------- 1. Heard learned counsels. 2. By this transfer application, the petitioner-wife has sought transfer of divorce proceedings filed by Husband under Section 13 of the Hindu Marriage Act in Family Court, Jodhpur with the allegation that on account of dowry demand, she had to leave matrimonial home and is living with her parents at Barmer with a boy child of 4 years of age born in 2003 from their wedlock. 3. Learned counsel for the petitioner-wife submits that the proceedings under Section 498A I.P.C. have already been initiated against the respondent-husband at Barmer and same are pending in the competent court and he is attending the said proceedings. 4. Learned counsel for the respondent husband opposes these submissions that the allegations made in the transfer petition are vague and mere convenience of petitioner-wife is not enough ground to transfer these proceedings filed by the respondent husband at Jodhpur. He, therefore, submits that the transfer application deserves to be dismissed. 5. Having heard learned counsels and in the facts and Transfer Petition – 66/2007 - Smt. Sumitra @ Chhanu Vs. Dharmendra Singh Khichi : 18.7.08 2/2 circumstances of the case, this Court is of the opinion that the proceedings filed by the respondent husband under Section 13 of the Act deserve to be transferred to competent Court at Barmer where such proceedings under Section 13 of the Act can be continued and decided. 6. Transfer application is accordingly allowed. No costs. [ DR. VINEET KOTHARI ], J. item No.67 babulal/-