SMT. EKTA SOLANKI Vs. JOHNY SOLANKI

JUDGEMENT

(1.) The learned counsels have tried to hold reconciliation with the parties, but they informed the Court that it does not seem possible. The learned counsel for the petitioner - wife however submits that the petitioner - wife is ready to go to matrimonial home. However, the respondent - husband says that despite all efforts made in past, the compromise talks have failed and the Family Court, Udaipur has also tried reconciliation between the parties, but it does not seem possible as the petitioner - wife has left the matrimonial home without even properly informing the respondent - husband. Accordingly, this Court noted that compromise between the parties does not seem possible at this stage, therefore, arguments on merits of the transfer application were heard.

(2.) The petitioner - wife has sought transfer of proceedings of Case No. 119/2008 - Johny Solanki Vs. Smt. Ekta Solanki filed under Sec. 9 of the Hindu Marriage Act at Family Court, Udaipur. The petitioner wife has sought transfer of these proceedings to Jodhpur as she is living with her son of 3 years, namely, Tushar with her father at Jodhpur and she has submitted that since she is pursuing her B.Ed. Course and is living at Jodhpur, according to the convenience in the matter for the petitioner - wife, the case deserves to be transferred from Udaipur to Jodhpur.

(3.) The learned counsel for the respondent - husband also submits that behaviour of the petitioner - wife is not good enough and she has left the matrimonial home on her own choice and has even taken away minor son and despite efforts made by respondent - husband, she has not returned to matrimonial home though she states before the Court like this, but she is really not willing to go to matrimonial home and the transfer application has been filed merely to cause harassment to the respondent - husband who is in job at Udaipur and being qualified person (MCA), it would be difficult for him to attend the proceedings at Jodhpur if the case is transferred to Jodhpur. He has also stated that the respondent - husband being the only son left to look after his parents has to remain at Udaipur constantly and unfortunately his brother has recently expired as he committed suicide in Udaipur. He, therefore, prays for dismissal of transfer application.