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2016 DIGILAW 688 (ORI)

Lita Mohapatra v. Jataveda Mohapatra

2016-08-25

BISWANATH RATH

body2016
JUDGMENT : Biswanath Rath, J. This transfer application has been filed by the petitioner seeking transfer of the C.P. (Guardian Misc. Case) No.418/2015 from the Family Court, Bhubaneswar to the Family Court, Cuttack. 2. In referring to the averments made in paragraph No.8, learned counsel for the petitioner submitted that the petitioner-wife is getting threatens from the husband to her life under the duress of withdrawal of the counter claim. In drawing the attention of this Court to the documents vide Annexure-3(series), learned counsel for the petitioner submitted that the petitioner has approached the Public Authorities as well as Statutory Authorities to the level of National Human Rights Commission seeking protection to her life. 3. In his opposition, by filing a counter affidavit in Court today after serving a copy thereof on the counsel for petitioner, learned counsel for the opposite party-husband denies all the allegations with regard to threatening by him to the wife, on the other hand alleges that the documents vide Annexure 3(S) have all been created only for shifting the case from Bhubaneswar to the Cuttack. In establishing his case, Sri Sarangi, learned counsel for the opposite party further submitted that the proceeding was initiated in the year 2015 and there has been several dates being attended to by both the parties at Bhubaneswar and since both the spouses stays presently in Australia and attends the Court by coming over for short time, there will be no impediment on either the case is taken up at Cuttack or at Bhubaneswar. 4. Considering the rival contentions made by both the parties, this Court finds there is no dispute with regard to the fact that both the wife and husband resides in Australia and they attend the Family Court, at Bhubaneswar on making their visit to this Country intermittently. Consequently, this Court observes that there is no impediment for both parties in attending the case at Bhubaneswar and finds no good ground for transferring the case to a distance of 20 to 25 kilometers. 5. Consequently, this Court observes that there is no impediment for both parties in attending the case at Bhubaneswar and finds no good ground for transferring the case to a distance of 20 to 25 kilometers. 5. However, looking to the nature of the case and the participation of the parties over several dates and finding that there is an allegation of risk to the life of the wife and since there is no F.I.R. to the said effect as on date, and keeping in view the complain vide Annexure- 3(series) if it so necessary, this Court permits the petitioner to seek protection from the Police on the date of posting by filing appropriate application before the Family Court at Bhubaneswar. For the reason of both parties attending the case at Bhubaneswar and considering the request of learned counsel for both sides for targeting the proceeding involved, this Court directs the Family Court, Bhubaneswar to decide the C.P. (Guardian Misc. Case) No. 418/2015 within a period of six months from the date of communication of this order. This Court expects both the parties to co-operate the Court below for timely disposal of the matter. 6. The Transfer Petition disposed of without interference but however, with the directions as contained hereinabove.