Smt.Pooja Mital vs Avinash Agrawal on 2 September, 2008

Transfer Application-59/2007-Smt. Pooja Mital Vs. Shri Avinash Agrawal   :   Judgment dt.2.9.2008


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     S.B. CIVIL MISC. TRANSFER APPLICATION NO.59/2007
             Smt. Pooja Mital Vs. Shri Avinash Agrawal.

Date of order                                :                 2nd September, 2008

              HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Ajay Vyas for the applicant.
Mr. Mukesh Rajpurohit for the respondents.

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1.               Heard learned counsels.

2.               By this transfer application, the petitioner-wife has

sought transfer of divorce application filed in the Family Court,

Ajmer.

3.               Learned counsel for the petitioner-wife submits that

though earlier this Court also made efforts for compromise between

the parties but despite conciliation talks held in Chambers it did not

seem to be possible, however, time was granted to the learned counsel

on 18.8.2008 to explore the further possibility of the same. Learned

counsel submits that the compromise between the parties does not

seem possible, therefore, the arguments on transfer application are

heard on merits.

4.               Learned counsel for the petitioner-wife submits that

since Section 9 proceedings for restitution of conjugal rights was filed

by the petitioner-wife at Bikaner at earlier point of time and she is

living at Bikaner with her parents, the proceedings under Section 13

of the Act should be transferred from Ajmer to Bikaner.

5.               On the side opposite, the learned counsel for the

respondent-husband submits that earlier the parties arrived at
 Transfer Application-59/2007-Smt. Pooja Mital Vs. Shri Avinash Agrawal   :   Judgment dt.2.9.2008


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compromise on 23.6.2005 vide Annex.R/1 under which the

respondent-husband paid a sum of Rs.6,50,000/- in pursuance of the

agreement by the petitioner-wife to apply to the Court for divorce by

mutual consent under Section 13B of the Hindu Marriage Act and the

said amount having been paid to the petitioner. Since the petitioner

wife resiled from that agreement and filed Section 9 proceedings

albeit wrongly, the respondent-husband was constrained to file the

said application under Section 13 of the Act. He further submitted

that no ground for transfer of case was made out by the petitioner-

wife.

6.               The marriage in question took place on 8.12.2004 at

Ajmer. At that point of time both the parties lived in Ajmer.

7.               Having heard learned counsels and in view of the facts

and circumstances of this case, this Court finds no ground to transfer

the proceedings under Section 13 of the Hindu Marriage Act from

Ajmer to Bikaner.              No good reason has been made out for the

petitioner-wife to have resiled from agreement between the parties

entered on 23.6.2005, therefore, this Court is not inclined to allow

this transfer application at her instance, merely on the ground of her

convenience.

8.               This transfer application is found to be devoid of merit.

The same is accordingly dismissed.

                                                      [ DR. VINEET KOTHARI ], J.

item No.37
babulal/-