Allowed

Subhashree Swain v. Rajendra N.Swain

Orissa HC7 Aug 2015TRP(C)/209/2014

Case brief

AI extract

What is this about?

A transfer application under Section 24 CPC was filed to move a matrimonial case from Anandapur to Bhadrak due to the wife's destitution, safety concerns, and lack of family support. The single judge followed the Supreme Court's view on considering a wife's convenience and transferred the case.

What did the court decide?

The case MAT No.16 of 2014 was transferred from Civil Judge (Senior Division), Anandapur to Civil Judge (Senior Division), Bhadrak.

Subhashree Swain Vs Rajendra N.Swain — Matrimonial and Divorce | Orissa HC (2015)

¶1

TRP(C) No.209 of 2014
 7.8.2015 This application under Section 24 of the Civil Procedure Code has been filed t
o transfer MAT No.16 of 2014 pending in the court of learned Civil Judge (Senior Division), An
andapur to the court of learned Civil Judge (Senior Division), Bhadrak.

¶2

 Heard learned counsel for the petitioner and learned counsel for the opposite

¶3

party.

¶4

 Opposite party is the husband of the petitioner. He filed an application under
 Sections 12 and 13 of the Hindu Marriage Act. The grievance of the petitioner is that she is
a destitute lady and she has no income. There is no male member in her family to attend the co
urt at Anandapur. There is also apprehending danger to her life.

¶5

 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.

¶6

 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), Anandapur to the court of learned Civil Judge (Senior Division), Bhadrak.

¶7

 In view of the same, the learned Civil Judge (Senior Division), Anandapur is d
irected to transmit the entire record of MAT No.16 of 2014 to the court of learned Civil Judge
 (Senior Division), Bhadrak immediately after production of a certified copy of this order.
 The petition is disposed of.

¶8

 Dr.A.K.Rath,J

¶9

Subhashree Swain v. Rajendra N.Swain

Case brief

What is this about?

What did the court decide?

Subhashree Swain v. Rajendra N.Swain

Case brief

What is this about?

What did the court decide?

What the court decided

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