The Family Court transferred a matrimonial proceeding from Cuttack to Khurda, following the wife's residence and convenience up to the Supreme Court's direction in Sunita Singh, allowing the transfer application and directing record transmission.
Transfer of C.P.No.654 of 2015 from Judge, Family Court, Cuttack to Judge, Family Court, Khurda within ten days.
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T.R.P.(C). No. 96 of 2016
7 01.09.2016 Heard learned counsel for the parties.
he wife for transferring the C.P.No.654 of 2015 from the court of Judge, Family Court, Cuttack
to the court of Judge, Family Court, Khurda.
In seeking the transfer of the matrimonial proceeding to Khurda, learned coun
sel for the wife appearing in the matter submitted that the wife is a resident of Khurda and t
he C.P. was also filed showing her address to be at Khurda, It is further submitted that for
having no income, the wife is also unable to meet with the expenditures in attending her case
at such a distant place. Showing her destituteness and inconvenience in attending the case at
a distance of 60 Kms. away, the wife is showing her unwillingness in attending the case at a s
uch distance. The petitioner has also taken a stand that involving a threaten in the year 201
4 she has also lodged a F.I.R. before the concerned Police Station on 3.3.2014.
Learned counsel for the husband on the other hand submitted that the husband is
not staying at Cuttack being an employee at Bangalore, he is residing at Bangalore presently
and the husband is prepared to meet the expenditures to be borne by the wife in the event the
case is decided at Cuttack.
Considering the rival contentions of the learned counsel for the parties and f
inding that both the parties are residents of Cuttack and further finding that even though sub
mission is made that there was threat on the wife at some point of time, but no material coul
d be produced as to the development of the F.I.R. and lodged on 3.3.2014. This Transfer Petit
ion is also silent with regard to such F.I.R. and any development therein and looking to the p
osition of the parties and taking into consideration that since the husband is now at his work
place at Bangalore, there is no purpose in the hearing of the case at Cuttack. Further, foll
owing to the Honble Apex Courts direction in the case of Sunita Singh v. Kumar Sanjay & anothe
r, A.I.R. 2002 S.C. 396, where the Honble Apex Court has held that in such matters wifes inco
nvenience is the paramount consideration, this Court while allowing the Transfer Application d
irects transfer of C.P.No.654 of 2015 to the Judge, Family Court, Khurda. Records in C.P.No.
654 of 2015 be transmitted to Judge, Family Court, Khurda within ten days from the date of rec
eipt of the certified copy of this order. Since the case is transferred looking to the conven
ience of the wife-petitioner, this Court also records undertaking of the wife through her coun
sel that she shall not ask for unnecessary adjournment of the matter and shall cooperate the F
amily Court, Khurda in disposal of the C.P.No.654 of 2015 within a period of six months from t
he date of receipt of case record. Transfer application stands allowed.
Issue urgent certified copy of this order on p
roper a application.
.
BISWANATH RATH,J.
sks
-2-
1 issue framed by the court
Whether the matrimonial proceeding C.P.No.654 of 2015 should be transferred from Judge, Family Court, Cuttack to Judge, Family Court, Khurda based on the wife's residence and convenience.
Colour shows how this judgement treated each authority
Sunita Singh v. Kumar Sanjay & anotherFollowed¶3
Sunita Singh v. Kumar Sanjay & another, A.I.R. 2002 S.C. 396 · Who else cites this
Wife
Husband
Biswanath Rath
As recorded by the court registry
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