Orissa High Court
T.R. P.(C) No.287/2018 And I.A. ... vs T.R. P.(C) No.287/2018 And I.A. ... on 21 October, 2020
Author: S.K.Mishra
Bench: S.K.Mishra
TRP (C) NO.287 OF 2018
T.R. P.(C) No.287/2018 and I.A. No.317/2018
6 21.10.2020. 1. Heard Mr. Bidesh Ranjan Behera, learned counsel for
the petitioner-wife and Mr. V. Narasingh, learned counsel for
the opposite party-husband.
2. This is an application under Section 24 of the C.P.C.
for transfer of C.S. (MAT) Case No.45/2017 of the court of
learned Civil Judge (Sr. Division), Koraput in the district of
Koraput to the court of learned Judge, Family Court,
Bhubaneswar for trial on the ground of inconvenience and
hardship. At present the petitioner is residing in her parental
house at Sundarpada, Bhubaneswar in the district of
Khurda. The opposite party-husband is staying at Sunabeda
in the district of Koraput. The opposite party-husband has
initiated a matrimonial case before the learned Civil Judge
(Sr.Division), Koraput.
3. Mr. B.R. Behera, learned counsel for the petitioner,
submits that the distance between Bhubaneswar and
Koraput is more than five hundred kilometers. It would be
very much difficult and painstaking on the part of the
petitioner to travel such a long distance on each date of
posting to remain present in the said proceeding at Koraput.
Learned counsel for the petitioner further submitted that the
petitioner being a lady is scared of travelling the distance
alone to attend the court at Koraput. Learned counsel further
submitted that there is also threat to her life in view of
estranged relation with the husband as well as her in-laws.
Learned counsel for the petitioner further submitted that if
AKB
the aforesaid C.S. (MAT) case is transferred from the court of
learned Civil Judge (Sr. Division), Koraput to the court of
learned Judge, Family Court, Bhubaneswar, no prejudice will
be caused to the opposite party-husband.
4. Mr. V.Narasingh, learned counsel for the opposite
party-husband, submits that the petitioner-wife is a highly
educated woman and gainfully engaged as a senior fashion
designer. The petitioner-wife is a resident of Bhubaneswar
and her parents and other relatives are staying at
Bhubaneswar. The opposite party-husband apprehends that
if the case is transferred to Bhubaneswar he and his
witnesses would be subjected to criminal intimidation and
the he will not be a position to defend his case effectively and
he would be greatly prejudiced. Mr. V. Narsingh further
submitted that in the event the Hon'ble Court is pleased to
direct for transfer of the case, the same may kindly be
transferred to the learned Judge, Family Court, Cuttack,
which would subserve the interest of justice since Cuttack
would be a neutral place for the litigating parties. Learned
counsel for the opposite party-husband further submitted
that the grounds on which the transfer of matrimonial case is
sought by the petitioner are fanciful and not tenable in law.
5. The Apex Court in the case of Sumita Singh V.
Kumar Sanjay and another; AIR 2002 SC 396 held that
wife's convenience must be looked at while considering the
application for transfer of the case.
6. Considering the submissions advanced by the parties
and the averments made by the petitioner in the application,
this Court is of the view that ends of justice would be best
served, if the case is transferred from the court of learned
Civil Judge (Sr. Division), Koraput to the court of learned
Judge, Family Court, Cuttack.
7. In view of the same, the application is allowed. The
C.S. (MAT) Case No.45/2017 of the court of learned Civil
Judge (Sr. Division), Koraput in the district of Koraput is
hereby transferred to the court of learned Judge, Family
Court, Cuttack. The learned Civil Judge (Sr. Division),
Koraput shall immediately remit the case records to the court
of learned Judge, Family Court, Cuttack and intimate such
facts to the parties and also stipulate the date on which both
the parties shall appear before the learned Judge, Family
Court, Cuttack for the purpose of trial of the aforesaid case.
The learned Judge, Family Court, Cuttack shall do well to
dispose of the case as early as possible.
8. The TRP(C) and the I.A. are disposed of. No order as
to costs. Interim order passed earlier stands vacated.
9. As period of COVID-19 is continuing, learned counsel
for the petitioner may utilize the soft copy of this order
available in the High Court's Website or print out thereof at
par with certified copies in the manner prescribed vide
Court's Notice No.4587 dated 25.3.2020.
.........................
S.K.Mishra, J