Allowed

Soubhagini Nayak v. Jawaharlal Nayak

Orissa HC9 Nov 2015TRP(C)/32/2015

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition under Section 24 CPC to move a civil petition from the Family Court in Berhampur to Bhubaneswar. The transfer was ordered at the petitioner's request due to her residence in Bhubaneswar, lack of independent income, and the difficulty of traveling to Berhampur.

What did the court decide?

The learned Judge, Family Court, Berhampur is directed to transmit C.P. No.135 of 2014 to the learned Judge, Family Court, Bhubaneswar immediately.

Soubhagini Nayak Vs Jawaharlal Nayak — Civil Procedure and Limitation | Orissa HC (2015)

¶1

TRP(C) No.32 of 2015

¶2

09.11.2015 This application under Section 24 of the Code of Civil Procedure has been file
d to transfer C.P. No.135 of 2014 pending in the court of the learned Judge, Family Court, Ber
hampur to the court of learned Judge, Family Court, Bhubaneswar.

¶3

 Heard learned counsel for the parties.

¶4

 Opposite party is the husband of the petitioner. He filed an application under
 Section 13 of the Hindu Marriage Act, 1955 before the learned Judge, Family Court, Berhampur,
 which is registered as C.P. No.135 of 2014. The grievance of the petitioner is that she is re
siding in her fathers house at Bhubaneswar along with her minor son. She has no independent in
come. It is not possible on her part to go to Berhampur, which is about 150 kms. away from her
 residence.

¶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

 Considering the submission advanced by the learned counsel for the parties and
 the averments made in the application, this Court is of the opinion that ends of justice woul
d be better served, if the case is transferred from the court of the learned Judge, Family Cou
rt, Berhampur to the court of the learned Judge, Family Court, Bhubaneswar.

¶7

 In view of the same, learned Judge, Family Court, Berhampur is directed to tra
nsmit the C.P. No.135 of 2014 to the court of the learned Judge, Family Court, Bhubaneswar, im
mediately 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

Soubhagini Nayak v. Jawaharlal Nayak

Case brief

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What did the court decide?

Soubhagini Nayak v. Jawaharlal Nayak

Case brief

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What did the court decide?

What the court decided

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