The Single Judge allowed a transfer application filed by a wife to shift a matrimonial suit from Kamakhyanagar to Cuttack due to her unemployment and distance from the original court, directing transmission of records.
Transferred Matrimonial C.S. No.129/2016 from Civil Judge Kamakhyanagar to Family Court, Cuttack; records to be transmitted within seven days.
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TRP(C) NO.232 OF 2016
16.12.2016 Heard learned counsel for the petitioner and learned counsel for the opposite part
y.
This application has been filed at the instance of the wife for transfer of the Ma
trimonial C.S. No.129/2016 pending in the Court of Civil Judge (Sr.Divn.), Kamakhyanagar to th
e Family Court, Cuttack on the premises that the petitioner is not only a resident of Cuttack
presently but she is also having no income to meet the expenditure to travel to such a distanc
e place to face the proceeding at Kamakhyanagar.
Learned counsel for the O.P.-husband fairly admitted that the husband is working a
s an Assistant Teacher at Dhenkanal.
Considering the rival contentions of the parties and as this Court finds, the peti
tioner is unemployed, a resident of Cuttack and she is facing problem in attending the proceed
ing at Kamakhyanagar and further since the husband is already in employment, this Court feels,
no difficulty will be caused in the event the matter is transferred to Cuttack. As a conseque
nce, while allowing the Transfer Application, this Court directs for transfer of Matrimonial C
.S. No.129/2016 from the Court of Civil Judge (Sr.Divn.), Kamakhyanagar to the Family Court, C
uttack. The case records of Matrimonial C.S. No.129/2016 be transmitted within seven days from
the date of communication of this order.
Since this matter is transferred on the request of the wife, this Court records th
e undertaking of the wife through her counsel that she will not ask for any unnecessary adjour
nment in the matter and cooperate with the court in timely disposal of the proceeding.
The TRP(C) accordingly stands disposed of.Issue urgent certified copy. Biswanath Rath, J.
2
2 issues framed by the court
Whether a matrimonial suit should be transferred from a distant Civil Court to the local Family Court for convenience of the unemployed petitioner.
Whether the undertaking given by the petitioner to avoid unnecessary adjournments satisfies the conditions for transfer.
Wife
Husband
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court