Orissa High Court
TRP(C)/277/2019 on 18 February, 2020
Author: D.Dash
Bench: D.Dash
TRP (C) No.277 of 2019 05. 18.02.2020 This application under section 24 of the Code of Civil Procedure has been filed by the petitioner (wife) for transfer of Mat Case No. 54 of 2019 pending in the court of learned Civil Judge, Senior Division, Kamakhyanagar to the learned Family Court, Sambalpur. The opposite party being the husband of the petitioner has filed under section 13 (1) of the Hindu Marriage Act in the court of learned Civil Judge, Senior Division, Kamakhyanagar for dissolution of their marriage. Learned counsel for the petitioner submits that at present the petitioner is serving in Govt. U.G. High School in the district of Koraput and therefore it is extremely difficult on her part to come to Kamakhyanagar to defend the proceeding. He further submits that there is no such direct communication by road or rail from Koraput to Kamakhyanagar and the distance being too long, the exercise of travelling besides the expenditure is not only time consuming and tiresome. It is his submission that since the marriage has been solemnized at Sambalpur and the mother and brother of the petitioner are residing there, transfer of the proceeding to that place would be in the best interest of the parties. He submits that as the petitioner is a Govt. servant in her absence, her brother can manage the situation through her lawyer in case the case is transferred to Sambalpur. He further submits that communication facility from Kamakhyanagar to Sambalpur is very good and the opposite party would not even face that much of hardship in presenting the proceeding before the Family Court Sambalpur as this petitioner would be facing by coming to Sambalpur to defend the proceding. Learned counsel for the opposite party submits that transfer of the matrimonial proceeding to the court at Angul would be in the best interest of justice as both can conveniently come to the place. He further submits that it would be the difficult on the part of the opposite party to travel to Sambalpur every time and prosecute his case. Considering the submission made and on going through the averments taken in the the application under section 13(1) of the Hindu Marriage Act, further keeping in view the attending circumstances; this Court directs that Mat Case No. 54 of 2019 pending on the file of learned Civil judge, Sr. Division, Kamakhyanagar be transferred to the Family Court, Sambalpur for its further progress and disposal in accordance with law. It is further observed that the learned Family Court, Sambalpur shall do well to proceed with the matter with expediency so as to conclude the proceeding in accordance with law as expeditiously as possible, preferably, within a period of six months from the date first appearance of the parties. In order to arrest the delay, parties are directed to appear in the court of learned Family Court, Sambalpur 24.03.2020 to receive further instruction in the matter. Copy of the order be communicated to both the courts forthwith for necessary action at their end so that the case record is dispatched from the original court for its receipt in the Family Court, Sambalpur before 24.03.2020. The TRP(C) is accordingly disposed of. Urgent certified copy of the order be granted on proper application. ....................... D.Dash, J.
Aks