Orissa High Court
TRP(C)/200/2020 on 26 February, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
TRP(C) No.200 of 2020
06. 26.02.2021 Heard learned counsel for both the parties.
This Transfer Petition has been filed by the wife-
Petitioner seeking transfer of C.P. Case No.99 of 2020 from
the court of learned Judge, Family Court, Sambalpur to the
court of learned Judge, Family Court, Bargarh.
Admittedly wife-petitioner is an employed lady
and working in the district of Bargarh. The husband-opposite
party is an employed man. On the premises that there is
previous threat from the side of husband, the wife was
residing at Bargarh whereas the husband is residing at
Kantabanji in the district of Balangir. A statement is made
that there will be no purpose if the trial of the case is taking
place at a third place like Sambalpur. There is no dispute
between the parties that Bargarh is more nearer to
Kantabanji than Sambalpur. Further, in the summon in C.P.
No.99 of 2020, the husband has also given the address of
wife at Barpali in the district of Bargarh.
Learned counsel for the opposite party-husband
denying the allegation of torture/threat made by the
petitioner and thus objected the prayer for transfer of C.P.
No. 99 of 2020 to Bargarh.
Considering the submissions made, this Court
since finds husband residing at Kantabanji, there will be no
difficulty for the husband to attend the C.P. proceeding if
transferred from Sambalpur to Bargarh. This Court
accordingly allows transfer of C.P. No.99 of 2020 from the
learned Judge, Family Court, Sambalpur to the learned
Judge, Family Court, Bargarh. Recording in C.P. No.99 of
2020 be transmitted to the Bargarh within two weeks from
the date of receipt of order. Both parties also directed to
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appear in the court of learned Judge, Family Court, Bargarh
on 17.03.2021. Keeping in view the apprehension of danger
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by the husband also, this Court also permits the husband to
file an application for police protection before the court below
in the event there is any such necessity, learned court below
shall enter into an enquiry and consider the application of the
opposite party-husband for police protection involving both
the parties at appropriate stage.
For the husband-opposite party has filed an
application u/s.9 of the Hindu Marriage Act, 1955 and ready
and willing to take her wife back, this Court also directs the
learned Judge, Family Court, Bargarh to have conciliation
involving both the parties on the first date of posting to arrive
at a conclusion, but maximum for two dates. In the event the
conciliation fails, it shall dispose of the C.P. No.99/2020
within a period of four months from the date of appearance of
the husband. Both the parties are restrained from taking
unnecessary adjournments involving the matter.
With the above observation and direction, the
Transfer Petition stands disposed of
Issue urgent certified copy as per rules.
..................................
Biswanath Rath, J.
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