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2010 DIGILAW 770 (ORI)

Pranati Pattnaik v. Biswajit Pattnaik

2010-11-15

M.M.DAS

body2010
ORDER 15.11.2010 — Heard learned counsel for the petitioner and the learned counsel appearing for the opposite parties. This transfer application has been filed by the petitioners, who are wife and daughter of the opposite party-husband, making a prayer to transfer the MAT Case No.671 of 2006 pending before the learned Civil Judge (Senior Division), Bhubaneswar to the Court of learned Civil Judge (Senior Division), Balasore. A petition for grant of divorce has been filed by the opposite party at Bhubaneswar. Learned counsel for the petitioners submits that the petitioner No.1 is now residing in her parents’ house along with her four years child and her only brother is serving outside and the parents are ailing, for which she is unable to come and attend the Court of the Civil Judge (Senior Division), Bhubaneswar. A certified copy of the order sheet of the divorce proceeding has been annexed to the preliminary counter affidavit which shows that the matter is pending since 2006 and the petitioner No.1 though represented by her Advocate on 4.1.2008 could not file her written statement for which she has been set ex parte. Another application was filed for grant of time to file written statement on the subsequent date but the Court below declined to grant time on the ground that she has been set ex parte. Thereafter the Court below has proceeded with the matter by taking evidence from the side of the husband-opposite party and the matter was last fixed on 3.9.2010, which has been proceed against her set ex parte. These are sufficient grounds for transferring the case by taking note of the inconvenience faced by the wife in coming from Balasore to Bhubaneswar. In support of such contention, learned counsel for the petitioners relied upon the decisions in the cases of Sumita Singh v. Kumar Sanjay and another, AIR 2002 SC 396 , Smt. Bishnu Priya Panda and another v. Braja Mohan Panda, 2009 (II) OLR 966 and Deepika Moharana v. Prasanna Maharana @ Prasanna Kumar Maharana, 2002 (II) OLR 311 . Though Mr. Though Mr. Pradhan, learned counsel appearing for the opposite party submits that the petitioner No.1 purposefully wants to prolong the litigation and regular maintenance though being paid by the opposite party-husband, she did not attend the Court, this Court is of the considered view that because of the practical difficulties, the petitioner No.1 is unable to attend the Court for which she has been set ex parte. Mr. Pradhan also submits that the brother-in-law of the petitioner No.1 is an anti-social and therefore, the opposite party expects danger to life to attend the Court in Balasore, but no material has been produced to show that they are anti socials. It is made clear that whenever the date is fixed, upon transfer of the case, if the opposite party apprehends danger to life and informs the local police, the local police shall give him protection to attend the Court in Balasore, provided an information in writing is filed in that regard before the O.I.C. of the local P.S. near Balasore Court. Accordingly, I direct that MAT Case No.671 of 2006 pending before the Civil Judge (Senior Division), Bhubaneswar shall be immediately transferred to the Court of Judge, Family Court, Balasore. For the above purpose, the records shall be transmitted by the Civil Judge (Senior Division), Bhubaneswar to the Judge, Family Court, Balasore immediately on communication of this order. The Judge, Family Court, Balasore thereupon shall issue notice to both the parties and shall permit the petitioner No.1 to file her written statement within a period of one month from the date of service of such notice on the petitioner No.1. Thereafter, the Judge, Family Court, Balasore shall conduct a de novo trial of the case and dispose of the same by the end of June, 2011. In view of the above, the previous order of this Court directing to dispose of the case by the end of December, 2010 by the Civil Judge (Senior Division), Bhubaneswar is accordingly modified. The interim maintenance deposited before the Civil Judge (Senior Division), Bhubaneswar shall be transferred to the Judge, Family Court, Balasore from where the same shall be released in favour of the petitioner No.1. The TRP (C) is accordingly allowed. Urgent certified copy of this order be granted on proper application. TRP (C) allowed.