This court granted a transfer application seeking to move a MAT suit from Civil Judge, Baripada to Family Court, Rourkela, citing the petitioner's inability to travel due to distance and apprehended danger.
The Civil Judge, Baripada is directed to transmit the entire record of MAT Suit No.18 of 2007 to the Family Court, Rourkela.
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TRP(C) No.17 of 2007
25.8.2015 This application has been filed by the petitioner to transfer MAT Suit No.18 o
f 2007 pending in the court of learned Civil Judge (Senior Division), Baripada to the court of
learned Judge, Family Court, Rourkela.
Heard learned counsel for the petitioner and learned counsel for the opposite
party.
Opposite party is the husband of the petitioner. He has filed an application u
nder Section 9 of the Hindu Marriage Act before the learned Civil Judge (Senior Division), Bar
ipada, which is registered as MAT Suit No.18 of 2007. The grievance of the petitioner is that
she is a destitute woman and has no income for her survival. She is residing with her parents
at Rourkela. It would not be possible on her part to attend the court at Baripada, which is ab
out 325 K.M. away from her place of staying. There is also apprehending danger to her life at
Baripada.
Learned counsel for the opposite party-husband has vehemently opposed the pray
er for transfer of the aforesaid case.
In the case of Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396, the
apex Court has held that wifes convenience must be looked at while considering the application
for transfer of the case.
Considering the submissions advanced by the learned counsel for the parties an
d the averments made in the application, this Court is of the opinion that ends of justice wou
ld be better served if the case is transferred from the court of learned Civil Judge (Senior D
ivision), Baripada to the court of learned Judge, Family Court, Rourkela.
In view of the same, the learned Civil Judge (Senior Division), Baripada is di
rected to transmit the entire record of MAT Suit No.18 of 2007 to the court of learned Judge,
Family Court, Rourkela immediately after production of a certified copy of this order.
The petition is disposed of.
Dr.A.K.Rath,J
2
1 issue framed by the court
Whether MAT Suit No.18 of 2007 should be transferred from Civil Judge, Baripada to Family Court, Rourkela on grounds of distance and safety.
Colour shows how this judgement treated each authority
Sumita Singh v. Kumar Sanjay and anotherReferred¶6
Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396 · Who else cites this
1 provisions across 1 enactments
Petitioner
Husband
A.K.Rath
As recorded by the court registry
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