P. K. MISRA, J. ( 1 ) THE Civil Revision is directed against the order of the trial Court-civil Judge (Senior Division), Baripada, rejecting the application filed by the wife seeking for a direction" regarding payment of certain amount required for the education of the son of the petitioner and opposite party and for meeting the expenses for Upanayan of a relation of the petitioner. The M. J. C. has been filed under Section 24, Code of Civil Procedure, also by the wife for transferring the suit pending before the Civil Judge (Senior Division), Baripada, to any other court. ( 2 ) MATRIMONIAL Suit No. 98/94 has been filed by the husband against the wife seeking for relief of divorce and connected O. S. No. 111/94 has been filed by the wife seeking for relief of restitution of conjugal right. The Civil judge (Senior Division) has already passed a direction that both the suits should be taken up for hearing analogously. ( 3 ) DURING pendency of the suit No. 98/ 94 filed by the husband, order of interim maintenance has been passed directing payment of rs. 2,000/- per month towards maintenance of wife and two minor children living with the wife. Subsequently, wife filed a petition for payment of certain amount incurred towards expenses for education of the son and in connection with thread ceremony of a relation of the wife. She claimed in all Rs. 11. 000/ -. The said prayer having been rejected, Civil Revision no. 176 of 1997 has been filed. The wife has filed M. J. C. No. 227 of 1998 for-transferring both the suits to any other Court. The main ground taken in the said petition for transfer is that in view of the prejudicial order passed by the Civil Judge (Senior Division) from time to time, the wife apprehends that she may not get justice. ( 4 ) IN course of hearing of this Civil Revision, the learned counsel appearing for the wife stated that several documents can be produced to show that certain additional expenses had been incurred in connection with the education of the son. He has further stated that the wife had to attend the Upanayan ceremony of her brother's son and as such the amount spent in connection with the said thread ceremony should also be reimbursed.
He has further stated that the wife had to attend the Upanayan ceremony of her brother's son and as such the amount spent in connection with the said thread ceremony should also be reimbursed. Having regard to the facts and circumstances of the case, instead of going into the matter in any detail or directing for re-hearing of the petition, I am of the view that in order to avoid any delay in the matter, interest of justice would be served by directing the husband to pay a sum of Rs. 4,000/- towards expenditure stated to be incurred for the purpose of coaching of education of the son. An account-payee draft for, rs. 4,000/- may be sent in the name of the wife or the amount may be deposited before the District Judge by 30th. November, 1998. If the amount is deposited, the same should be paid to the wife immediately. This disposes of the Civil Revision. ( 5 ) SO far as the petition for transfer is concerned, the learned counsel for the husband has seriously contended that there is no justification for. transferring the case and such a petition has been filed to linger the suit as the wife is getting the benefit of interim maintenance. After having heard the learned counsels for both parties, 1 do not consider it appropriate to find out whether there is no sufficient ground to transfer the suit, but in order to avoid any controversy in the matter I have suggested that the suit itself may be disposed of by the District Judge instead of the civil Judge (Senior Division ). This order is being passed' to avoid further acrimony in the matter without deciding about the rival contentions. The disposal of the matters before the District Judge is not likely to prejudice either party. The counsels for both parties submitted that the parties will cooperate in the expeditious disposat of the suits. ( 6 ) KEEPING in view the aforesaid submissions and in the interest of justice, it,is directed that both the suite, namely Matrimonial Suit no. 98/94 and O. S. No. 111/94 pending before the Civil Judge (Senior Division), baripada, shall,stand transferred to the,court of the District Judge, Mayurbhanj at Baripada.
( 6 ) KEEPING in view the aforesaid submissions and in the interest of justice, it,is directed that both the suite, namely Matrimonial Suit no. 98/94 and O. S. No. 111/94 pending before the Civil Judge (Senior Division), baripada, shall,stand transferred to the,court of the District Judge, Mayurbhanj at Baripada. The District Judge shall make all endeavours to dispose of both the suits as expeditiously as possible preferably within' a period of six months from the date of receipt of this order. It is understood that after filing of written statement. Issues have already been settled and both the suits are otherwise ready for hearing. The records of both the cases pending before the civil Judge (Senior Division) shall now stand transferred to the District Judge by virtue of this order which will be communicated to the district Judge as well as the Civil Judge (Senior division ). Both the parties are directed to appear before the District Judge, Baripada, on 30th. October, 1998. ( 7 ) THE Civil Revision and the M. J. C. are accordingly disposed of without any order as to costs. Civil Revision and Misc Case disposed of accordingly.