Baidehi Behera v. R.Rajendra

TRP(C) No.19 of 2010

05.08.2015 This application under Section 24 of the Code of Civil Procedure has been file
d to transfer MAT Case No.118 of 2009 pending in the court of the learned Civil Judge (Sr. Div
n.), Berhampur, Ganjam to the court of learned Judge, Family Court, Cuttack.
 Heard learned counsel for the parties.

 Opposite party is the husband of the petitioner. He filed an application under
 Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the learn
ed Civil Judge (Sr. Divn.), Berhampur, Ganjam, which is registered as MAT Case No.118 of 2009.
 The grievance of the petitioner is that she is residing with her parents and her minor child
of 5 years at Cuttack. She has no independent income. It is not possible on her part to go to
Berhampur, which is 200 kilometer away from Cuttack. She is apprehending danger to her life.
 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.

 Learned counsel for the opposite party submits that he has no objection if the
 MAT Case No.118 of 2009 pending in the court of the learned Civil Judge (Sr. Divn.), Berhampu
r, Ganjam is transferred to the court of learned Judge, Family Court, Cuttack.

 In view of the same, learned Civil Judge (Sr. Divn.), Berhampur is directed to
 transmit the MAT Case No.118 of 2009 to the court of the learned Judge, Family Court, Cuttack
 immediately after production of a certified copy of this order.

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

 .......
 Dr.A.K.Rath, J.