Vineet Kothari, J. - (1.) The present transfer petition has been filed by the petitioner-wife-Uma, a practicing Advocate at Bharatpur against the respondent-husband-Nilaksh Dwivedi, who is also a practicing Advocate at Udaipur, and has filed a divorce petition at Udaipur under Section 13 of the Hindu Marriage Act, namely, Misc. Case No.517/2012 - Nilaksh Dwivedi v. Smt. Uma , which is pending in the Family Court, Udaipur.
(2.) The petitioner-wife has sought transfer of the said proceedings from Udaipur to Bharatpur inter alia on the ground that out of the said wedlock, after their marriage on 09.12.2009, a girl child, Nyasha was born on 12.10.2010, who is living with her at Bharatpur. Her father is old aged and brother is a handicapped person and there are cases pending against the respondent-husband at Bharatpur, including the cases under the Domestic Violence Act as well as against the mother of the respondent-husband and therefore, the proceedings under Section 13 of the Act pending at Udaipur deserve to be transferred at Bharatpur.
(3.) The respondent-husband Nilaksh Dwivedi, who is also a practicing Advocate and appearing in person before this Court has opposed this transfer petition. He submits that the cases lodged against him and his mother are all false and in various complaints filed under the criminal matters, the police has either filed F.R. or is contesting the cases at Bharatpur. He also submitted that the petitioner-wife is a practicing lawyer at Bharatpur and she was also working as faculty in Khandelwal Law College at Bharatpur. He has submitted that the divorce petition under Section 13 of the Act has been filed on the ground of cruelty and desertion and the parties are living separately since 23.06.2012. He has also submitted that the efforts for mediation or reconciliation between the parties have failed, which were undertaken at Family Courts and even at the High Court at Jaipur Bench, Jaipur. He also submits that there are no possibilities of reconciliation between the parties and the demand of permanent alimony made by the petitioner-wife of Rs.1.00 Crore is impracticable and impossible of compliance, and therefore, the efforts are being made just to harass the respondent-husband and the divorce petition thus, deserves to be tried on merits at Udaipur.;