SBCMISC.TRANSFER PETITION NO.26/2008- SANJAY KUMAR V/S ASTHA - ORDER DTD.27.8.2008
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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
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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.
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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/-