The court allowed an application under Section 24 CPC to transfer pending matrimonial proceedings from Banki to Cuttack. The transfer was ordered to serve the convenience and safety of the wife residing with her daughter away from the forum.
Transfer of C.P. No. 13 of 2015 from Civil Judge, Banki to Judge, Family Court, Cuttack.
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TRP(C) No.194 of 2015
19.11.2015 This application under Section 24 of the Code of Civil Procedure has been file
d to transfer C.P. No.13 of 2015 pending in the court of the learned Civil Judge (Sr. Divn.)-c
um- Judge, Family Court, Banki to the court of learned Judge, Family Court, Cuttack.
Heard learned counsel for the petitioner.
Opposite party is the husband of the petitioner. He filed an application under
Section 9 of the Hindu Marriage Act, 1955 before the learned Civil Judge (Sr. Divn.)-cum-Judg
e, Family Court, Banki, which is registered as C.P. No.13 of 2015. The grievance of the petiti
oner is that she is residing with her daughter at Choudwar. It is not possible on her part to
go to Banki to attend the court. 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.
Considering the submission advanced by the learned counsel for the petitioner
and the averments made in the application, this Court is of the opinion that ends of justice w
ould be better served, if the case is transferred from the court of the learned Civil Judge (S
r. Divn.)-cum-Judge, Family Court, Banki to the court of the learned Judge, Family Court, Cutt
ack.
In view of the same, learned Civil Judge (Sr. Divn.)-cum-Judge, Family Court,
Banki is directed to transmit the C.P. No.13 of 2015 to the court of the learned Judge, Family
Court, Cuttack, immediately after production of a certified copy of this order.
Since the order is passed at the stage of admission, the opposite party is at
liberty to file an application for variance of the order, if he so likes.
With the aforesaid observation and direction, the TRP (C) is allowed.
.......
Dr.A.K.Rath, J.
2
1 issue framed by the court
Whether the petition for transfer of the civil proceedings under Section 24 CPC from Banki to Cuttack should be allowed considering the wife's safety concerns?
Colour shows how this judgement treated each authority
Sumita Singh v. Kumar Sanjay and anotherApplied¶3
Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396 · Who else cites this
2 provisions across 2 enactments
Petitioner
Opposite party
A.K. Rath
As recorded by the court registry
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