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2008 DIGILAW 1076 (ORI)

Bishnu Priya Panda v. Braja Mohan Panda

2008-12-02

A.S.NAIDU

body2008
ORDER 02.12.2008 — Heard. 2. The petitioners have filed this petition under Section 24 read with Section 151 of the Code of Civil Procedure with a prayer to transfer MAT Case No. 4/2005 pending in the Court of Civil Judge (Sr. Division), Bhubaneswar to Judge, Family Court, Cuttack. It is submitted that the opp. party-husband was not taking care of petitioner No. 1-wife and petitioner No. 2-a minor child. A case has been filed under Section 125 of Cr.P.C. claiming maintenance before the Judge, Family Court, Cuttack which has been registered as CRPC No. 544/2004. As a counterblast, it is submitted, the opposite party-husband filed MAT Case No. 4/2005 for restitution of conjugal right in the Court of Civil Judge (Sr. Division), Bhubaneswar. 3. Mr. Mahana, learned counsel for the petitioners, submits that petitioner No. 1 is a young lady and petitioner No. 2 is her minor ailing son. It is stated that petitioner No. 1 has no house to stay at Bhubaneswar nor she has any male person to accompany her from Cuttack to Bhubaneswar. It is further stated that only to create problem and difficulties, the opposite party-husband has filed MAT Case No. 4/2005 at Bhubaneswar and unless the said case is transferred to Cuttack, Petitioner No. 1 shall be put to irreparable hardship. It is further submitted that the opposite party-husband has already appeared in CRPC No. 544/2004 pending before the Judge, Family Court, Cuttack and thus there will be no difficulty for him to contest MAT Case No. 4/2005 if it is transferred from Bhubaneswar to Cuttack. 4. Though notice was issued to opposite party-husband and the same was duly served, neither he himself nor any counsel on his behalf has appeared. Law is well settled that while dealing with a petition under Section 24 of the Code of Civil Procedure so far as matrimonial dispute is concerned, convenience and inconvenience of the wife should be the paramount consideration of the Court. 5. Considering the fact that petitioner No. 1 is a young lady and she has no male person to accompany her and the opposite party-husband has already appeared in CRPC No. 544/2004 before the Judge, Family Court, Cuttack, this Court feels that ends of justice and equity will be better served if MAT Case No. 4/2005 is transferred from the Court of Civil Judge (Sr. Division), Bhubaneswar to Judge, Family Court, Cuttack, and direct accordingly. 6. Learned Civil Judge (Senior Division), Bhubaneswar is directed to transmit the records of MAT Case No. 4/2005 to Judge, Family Court, Cuttack as expeditiously as possible. After receiving the records of the said case, the Judge, Family Court, Cuttack shall do well to dispose of the same in accordance with law. With the aforesaid observation/direction this TRP (C) is disposed of. TRP (C) disposed of.