Allowed

Swagatika Swain@Kaberi Swain v. Ranjan Ku Pattnayak

Orissa HC3 Jun 2016TRP(C)/146/2016

Case brief

AI extract

What is this about?

The Vacation Judge transferred a civil petition from the Family Court, Bhubaneswar to the Civil Judge, Jagatsinghpur, citing the petitioner's distance, lack of income, and apprehension of danger. The transfer order can be recalled if applied for at the admission stage.

What did the court decide?

Directed the Family Court, Bhubaneswar to transmit C.P. No.481 of 2013 to the Civil Judge (Senior Division), Jagatsinghpur immediately.

Swagatika Swain@Kaberi Swain Vs Ranjan Ku… — Civil Procedure and Limitation | Orissa HC (2016)

¶1

TRP(C) No.146 of 2016
03.06.2016

¶2

 This application under Section 24 of the Code of Civil Procedure has been file
d to transfer C.P. No.481 of 2013 pending in the court of the learned Judge, Family Court, Bhu
baneswar to the court of learned Civil Judge (Senior Division), Jagatsinghpur.

¶3

 Heard learned counsel for the petitioner.

¶4

 Opposite party is the husband of the petitioner. He filed an application befor
e the learned Judge, Family Court, Bhubaneswar, which is registered as C.P. No.481 of 2013. Th
e grievance of the petitioner is that she is residing with her parental house at Cuttack which
 is 20 K.Ms. away from Jagatsinghpur. She has no independent income. It is not possible on her
 part to go to Bhubaneswar to attend the court. She is apprehending danger to her life.

¶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 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 Judge, Family
Court, Bhubaneswar to the court of the learned Civil Judge (Senior Division), Jagatsinghpur.

¶7

 In view of the same, learned Judge, Family Court, Bhubaneswar is directed to t
ransmit the C.P. No.481 of 2013 to the court of the learned Civil Judge (Senior Division), Jag
atsinghpur, immediately after production of a certified copy of this order.

¶8

 Since the order is passed at the stage of admission, the opposite party is at
liberty to file an application for variance/recall of the order, if he so likes.

¶9

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

¶10

 Dr.A.K.Rath

¶11

 (Vacation Judge)

¶12

pm

¶13

Swagatika Swain@Kaberi Swain v. Ranjan Ku Pattnayak

Case brief

What is this about?

What did the court decide?

Swagatika Swain@Kaberi Swain v. Ranjan Ku Pattnayak

Case brief

What is this about?

What did the court decide?

What the court decided

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