1 (1) S. B. Civil Transfer Application No.35/2005 (Smt. Jai Shree Verma v. Shashi Kant Verma) (2) S. B. Civil Transfer Application No.29/2006 (Shashi Kant v. Smt. Jai Shree) Date of Order: : 09-01-2007 HON'BLE MR. JUSTICE PRAKASH TATIA Mr. B. M. Bhojak, for petitioner. Mr.Vineet Jain, for respondent. S. B. Civil Transfer Application No.35/2005 has been filed by the wife of the non-petitioner for transfer of Petition No.69/2001 filed by the non-petitioner undr Section 9 of the Hindu Marriage Act, 1955 whch is pending in the Court of the District Judge, Sikar. The petitioner is seeking its transfer from the Court of District Judge, Sikar to the Court of the District Judge, Churu. The non-petitioner filed Transfer Petition No.29/2006 and sought transfer of divorce petition filed by the petitioner against the non-petitioner and which is pending in the Court of the District Judge, Churu. Heard learned counsel for the parties. Lerned counsel for the petitioner stated that the non- petitioner filed one petition for custody of the children, for which the petitioner applied for transfer of the said petition from the 2 Court of the District Judge,Sikar to the Court of the District Judge, Churu which was allowed by this Court vide order dated 10th April, 2006 passed in S.B.Civil Transfer Petition No.34/2005. The reasons are the same. Learned counsel for the non-petitioner submitted that the non-petitioner filed the petition for transfer of petition filed by the petitioner under Section 13 of the Hindu Marriage Act from the Court of the District Judge, Churu to the Court of the District Judge, Sikar on the ground that the non-petitioner is severe disabetic patient and has been hospitalised from time to time. Learned counsel for the non-petitioner submits that the petition filed by the non-petitioner under Section 9 is almost at the final stage. I considered the submissions of the learned counsel for the parties. It is clear from Section 21-A of the Hindu Marriage Act that in case where divorce petition is filed in one Court and the petition for restitution of conjugal rights has been filed in another Court, then the petition is required to be transferred to one Court, so that two matters can be decided together. Apart from the above, the earlier matter has been transferred to the Court at Churu, therefore, there is no reason to transfer the petition filed by the petitioner to Sikar and there is no reason not to transfer the petition filed by the non-petitioner to the Court at 3 Churu, therefore, Transfer Petition No.35/2005 filed by Smt.Jaishree Verma is allowed. The petition under Section 9 of the Hindu Marriage Act, having No.69/2001 pending in the Court of District Judge, Sikar is hereby withdrawn and is transferred to the Court of the District Judge, Churu for deciding in accordance with law. The petition No.29/2006 filed by the non-petitioner is dismissed. Both the parties shall appear before the Court of the District Judge, Churu on 13th Feburayr, 2007. (PRAKASH TATIA), J. Scd.