(1.) Heard learned counsel for the parties.
(2.) The petition of restitution of conjugal rights filed by the respondent is pending at Jodhpur and the petitioner is residing at Kota which is almost about 500 kms. from Jodhpur. The petitioner has made out the case as per the facts disclosed in the transfer petition for transfer of the said petition. No reply has been filed by the respondent despite the fact that further proceedings were stayed by this Court by order dated 14.1.2005. Looking to the facts of this case, this Court deems it proper to transfer the divorce petition.
(3.) Accordingly, this transfer application is allowed, the Petition no.80/2004 (Sanjay Gupta vs. Smt. Anju Gupta) pending in the Family Court, Jodhpur is hereby withdrawn and is transferred to the Family Court, Kota for deciding the same in accordance with law. Both the parties are directed to remain present before the Family Court, Kota on 20.2.2006.