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Judgment
9 paragraphs · 350 wordsNarendra Kumar Jain, J.—Heard the learned Counsel for the parties.
Learned Counsel for the Petitioner has preferred this transfer application to transfer the matrimonial case No. 27/2007 pending before the Family Court No. 1, Jaipur City, Jaipur to Family Court No. 2, Jaipur City, Jaipur.
Learned Counsel for the Respondent opposed the transfer application contending that all grounds taken in the transfer application are baseless, but he has no objection in case it is transferred to the Family Court No. 2, Jaipur City, Jaipur with a direction to decide the case at the earliest.
It is relevant to mention that Petitioner preferred application u/s 9 of the Hindu Marriage Act against wife for restitution of conjugal right, whereas Respondent-wife preferred a divorce petition against husband/Petitioner and both the cases are pending in the same court and vide order dated 21st June, 2008 both have been consolidated.
I have considered the ground taken in the transfer application to transfer the case and I am of the view that all grounds taken in the transfer petition are baseless and not tenable in the eye of law. However, in the interest of justice I think it fit and proper to transfer the case No. 27/2007 pending before Family Court No. 1, Jaipur City, Jaipur to the Family Court No. 2, Jaipur City, Jaipur.
Transfer application is accordingly allowed. Case No. 27/2007 pending before Family Court No. 1, Jaipur City, Jaipur is transferred to the Family Court No. 2, Jaipur City, Jaipur with a direction to the said court to decide the case as early as possible, but not later than a period of four months from the date of receipt of the order.
Learned Counsel for the Petitioner/husband has undertaken that he will not delay the proceedings in the family court and will not seek any adjournment unnecessarily.
Both the parties are directed to appear before Family Court No. 2, Jaipur City, Jaipur on 13th December, 2010.
A copy of this order may be sent to both the courts mentioned above for information and compliance.