Allowed

Anuradha Behera v. Dasaratha Garai

Orissa HC4 Aug 2015TRP(C)/103/2014

Case brief

AI extract

What is this about?

The Court considered an application under Section 24 CPC for transfer of a matrimonial suit from Rairangpur to Balasore. Citing Sumita Singh, the Court approved the transfer to serve ends of justice due to the wife's residence and safety concerns, directing the lower court to transmit the file.

What did the court decide?

TRP(C) allowed; Mat Suit No.28 of 2014 directed to be transmitted to Family Court, Balasore.

Anuradha Behera Vs Dasaratha Garai — Civil Procedure and Limitation | Orissa HC (2015)

¶1

TRP(C) No.103 of 2014

¶2

04.08.2015 This application under Section 24 of the Code of Civil Procedure has been file
d to transfer Mat Suit No.28 of 2014 pending in the court of the learned Civil Judge (Sr. Divn
.), Rairangpur to the court of the learned Judge, Family Court, Balasore.

¶3

 Opposite party is the husband of the petitioner. He filed an application for r
estitution of conjugal rights before the learned Civil Judge (Sr. Divn.), Rairangpur, which is
 registered as Mat. Suit No.28 of 2014. The grievance of the petitioner is that she is residin
g with her parent at Kamargadia in the district of Balasore. Learned counsel for the petitione
r submits that the opposite party threatening the petitioner over telephone with dire conseque
nces. It is not possible on her part to attend the court of learned Civil Judge (Sr. Divn.), R
airangpur. He further submits that the present petitioner has filed an application under Secti
on 12 of the Hindu Marriage Act, 1955, which is registered as C.P. No.106 of 2014 before the l
earned Judge, Family Court, Balasore.

¶4

 Heard learned counsel for the parties.

¶5

 The apex Court in the case of Sumita Singh v. Kumar Sanjay and another, AIR 20
02 SC 396 held that wifes convenience must be looked at while considering the application for
transfer of the case.

¶6

 This Court feels that ends of justice would be better served, if the case is t
ransferred from the court of the learned Civil Judge (Sr. Divn.), Rairangpur to the court of t
he learned Judge, Family Court, Balasore.

¶7

 In view of the same, learned Civil Judge (Sr. Divn.), Rairangpur is directed t
o transmit the Mat Suit No.28 of 2014 to the court of the learned Judge, Family Court, Balasor
e immediately after production of a certified copy of this order.

¶8

With the aforesaid observation and direction, the TRP (C) is allowed.

¶9

 Dr.A.K.Rath, J.

¶10

Anuradha Behera v. Dasaratha Garai

Case brief

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What did the court decide?

Anuradha Behera v. Dasaratha Garai

Case brief

What is this about?

What did the court decide?

What the court decided

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