SBCMISC.TRANSFER PETITION NO.26/2008– SANJAY KUMAR V/S ASTHA - ORDER DTD.27.8.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL MISC. TRANSFER PETITION NO.26/2008 Sanjay Kumar versus Smt. Astha PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Ravindra Paliwal, for the petitioner. Mr. Anuj Sahlot, for the respondent. Mr.Sanjay Kumar, present in person Mrs. Astha, present in person along with her parents DATE OF ORDER : 27th August, 2008. JUDGMENT 1. Heard the learned counsel for the parties on transfer petition. 2. In pursuance of previous order made by this Court on 28.7.2008, the parties were heard in chamber also to explore the possibility of compromise between the parties. After talking to the SBCMISC.TRANSFER PETITION NO.26/2008– SANJAY KUMAR V/S ASTHA - ORDER DTD.27.8.2008 2/3 parties and parents of the respondent -wife, the possibility of compromise did not appear to be there, therefore, this transfer petition is decided on merits. 3. The marriage between the parties took place on 15.3.2004 at Jaipur. The parents of the respondent – wife are residing at Udaipur. The respondent – wife residing with her parents at Udaipur has filed an application seeking divorce under Section 13 of the Hindu Marriage Act in the Family Court, Udaipur. The present transfer application has been filed by the petitioner – husband seeking transfer of proceedings from Udaipur to Sikar about 400 to 450 kms. away. The petitioner in the transfer application has stated that he has already filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights in the Court of learned Dist. And Sessions Judge, Sikar on 17.5.2007 and after issuance of notices in those proceedings, the present divorce application under Section 13 has been filed by the respondent -wife at Udaipur. She has also filed an application under Section 125 Cr.P.C. SBCMISC.TRANSFER PETITION NO.26/2008– SANJAY KUMAR V/S ASTHA - ORDER DTD.27.8.2008 3/3 4. Having heard the learned counsel and the parties, this Court is of the opinion that there is no force in the transfer petition filed by the petitioner – husband seeking transfer of proceedings filed under Section 13 of the Act for divorce by the respondent in the Family Court at Udaipur. It is well settled by a catena of decisions of Hon'ble Supreme Court that such petitions can be filed either at the place where the marriage takes place i.e. Jaipur in the present case or at the place where the lady is residing. The parents of the respondent – wife are admittedly residing in Udaipur and the parties are living separately for last more than 2 years. 5. In the facts and circumstances of the case, this transfer application is found to be devoid of merit and the same is accordingly dismissed. The learned Family Court, Udaipur is requested to expedite hearing of divorce application under section 13 of the Act and dispose of the case preferably within a period of six months from today. (Dr.VINEET KOTHARI)J. Item No.25 Ss/-