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2000 DIGILAW 339 (ORI)

BINAPANI BEHERA v. RABINDRA NATH, TAREI

2000-07-10

P.K.MISRA

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P. K. MISRA, J. ( 1 ) THIS M. J. C. has been filed for transferring O. S. No. 426/98 from the Court of the Civil Judge (Senior Division), angul, to the Court of the Judge, Family Court, cuttack, or any other competent Court. ( 2 ) O. S. No. 426/98 was filed by the husband, Rabindra Nath Tarei under Section 9 of the Hindu Marriage Act for restitution of conjugal right. In course of hearing of this petition, both the parties had been called upon to explore the possibility of mutual settlement of the dispute. With the help of the well-wishers of the parties and the Advocates of both parties, it has been amicably resolved that the parties shall reside together as husband and wife after forgetting all the past disputes. On earlier occasion, the parties appeared personally and had stated that they had resumed life as husband and wife. Today also, the parties have appeared in person and they have reiterated their intention to stay together as husband and wife. Since the parties have mutually decided to stay together as husband and wife, the question of pursuing O. S. No. 426/98 does not arise and the said suit should be taken to be disposed of as not pressed. On production of copy of this order, the trial Court shall pass necessary formal order without insisting upon the personal appearance of the parties. ( 3 ) IT appears that because of the earlier misunderstanding, certain other cases has been filed and are pending in different Courts. It appears that T. S. No. 272 of 1998 had been filed by the wife for declaration that she has got right over the National Savings Certificate to the tune of Rs. 40,000/- in the name of the husband and she is entitled to such amount after maturity. It appears that T. S. No. 272 of 1998 had been filed by the wife for declaration that she has got right over the National Savings Certificate to the tune of Rs. 40,000/- in the name of the husband and she is entitled to such amount after maturity. In a joint affidavit filed today by the parties, it has been stated that after maturity of the said n. S. C. in the name of the husband, Rabindra Nath Tarei, the entire amount including the accrued interest shall be reinvested/renewed in the name of the daughter of the parties, namely Sonali @ Guddi, for a period of six years under the joint guardianship of the parents, namely Rabindra Nath tarei and Smt. Binapani Behera and before such reinvestment in the name of the minor daughter, no premature withdrawal shall be permitted in favour of the husband, Rabindra Nath tarei. In such view of the matter, the suit filed in the Court of the Civil Judge (Senior Division), Bhubaneswar (T. S. No. 272/98 shall be disposed of as not pressed on production of the certified copy of this order without insisting upon the appearance of the parties. ( 4 ) IT further appears that Consumer Dispute Revision Case No. 35 of 1998 relating to the very same N. S. C. is pending. Since the matter has been amicably resolved, the Consumer dispute Revision Case filed by the wife, smt. Binapani Behera, may be taken to be infructuous and may be dismissed as not pressed. Similarly, the order passed by the district Consumer Forum shall be deemed to be non est and the arrangement made in the present order shall be operative in future. ( 5 ) IT appears that the husband is working under NALCO and staying at Angul and the wife, Smt. Binapani Behera is posted in Biridi hazipur Primary School. It appears that earlier an order of transfer of Smt. Binapani behera, Asst. Teacher, Hazipur Primary school, under D. I. of Schools, Jagatsinghpur, to Khamar Primary School was made. The said order had been challenged by wife", Smt. Binapani Behera in the Orissa Administrative tribunal, Cuttack Bench. The said Original application had been allowed and the order of transfer had been quashed. Teacher, Hazipur Primary school, under D. I. of Schools, Jagatsinghpur, to Khamar Primary School was made. The said order had been challenged by wife", Smt. Binapani Behera in the Orissa Administrative tribunal, Cuttack Bench. The said Original application had been allowed and the order of transfer had been quashed. Now that the husband and wife are willing to stay together, interest of justice requires that the wife should be transferred to a place near Angul so that there will be no difficulty for the family consisting of husband, wife and the minor child to stay together. It is hoped that if a representation is made for reviving the earlier transfer order by the wife, appropriate order shall be passed by the appropriate authority posting the wife at a place near NALCO Nagar or angul. It is stated by the husband that though he is eligible to get a quarters, yet he has not been provided with a quarters. Since the wife and minor child are to stay with the husband, it is expected that the NALCO, a Government of India Undertaking, shall take appropriate steps to allot a quarters to Ravindra Nath Tarei, so that all the family members can stay together conveniently. It goes without saying that if an application is filed before the Executive Director, nalco, suitable action shall be taken in the matter. ( 6 ) SEVERAL disputes which arose because of some misunderstanding are now being amicably resolved due to the helpful atitude shown by the Advocates for the parties as well as the parties themselves. 1 put on record my appreciation for such conduct of all concerned. ( 7 ) THE joint affidavit filed by the parties shall form a part of the order. Petition disposed of accordingly.