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2016 DIGILAW 714 (ORI)

Rajani Kanti Sahoo v. Srinibas Moharana

2016-08-31

BISWANATH RATH

body2016
JUDGMENT : Biswanath Rath, J. This transfer application has been filed by the petitioner seeking transfer of the C.P. No.153 of 2015 from the Family Court, Dhenkanal to the Family Court, Bhubaneswar. 2. Short background involved in the case is that the opposite party-husband being permanent resident of Dhenkanal filed C.P. No.153 of 2015 seeking divorce against the wife. The undisputed fact remains that the husband in the meantime, has separated from his family and residing at Sambalpur and the wife also after separation from the husband, is residing at Bhainchua, P.S.-Balianta Dist.- Khurda along with her parents and brother who is looking after her. 3. In requesting for transfer of the proceeding to Bhubaneswar, the petitioner contended that though she was a resident of Dhenkanal while she was residing along with the husband but after the separation she is residing at Baichuan in the District of Khurda and the husband also knowing this fact, disclosed her address to be the address of the wife for the purpose of notice in the C.P. proceeding. Since she is a destitute lady having no financial support and depending for her livelihood on her brother, she has a case deserved to be transferred to the Family Court at Bhubaneswar. 4. Learned counsel for the husband on the other hand, in filing a counter affidavit contended that he has no objection for transferring the case from the Family Court, Dhenkanal but he has a serious objection for transfer of the case to Bhubaneswar for the reason of threatening given by the wife to kill him at some point of time. 5. Looking to the pleadings in this regard made in paragraph No.4 of the counter affidavit, this Court finds since the same does not contain the date, time or place of such threatening and as no F.I.R. has been filed involving the said allegation, the allegation is purported with an intention to block the transfer of the case. 5. Looking to the pleadings in this regard made in paragraph No.4 of the counter affidavit, this Court finds since the same does not contain the date, time or place of such threatening and as no F.I.R. has been filed involving the said allegation, the allegation is purported with an intention to block the transfer of the case. Considering the rival contentions of the parties and looking to the inconvenience of the wife and taking into consideration the decision as reported in AIR 2002 (SC) 396 this Court is inclined to transfer the C.P. No.153 of 2015 from the Family Court, Dhenkanal to the Family Court, Bhubaneswar but however, keeping in view the allegation of the husband, this Court also directs that in the event, any future threatening is received by the husband, it would be open for the husband to move an application before the Family Court, Bhubaneswar and the Family Court, Bhubaneswar shall do well in passing appropriate order protecting the life of the husband. Petitioner is directed to serve a certified copy of this order on the Judge, Family Court, Dhenkanal within ten days hence and on receiving the order, the Judge, Family Court, Dhenkanal shall forthwith transmit the case records to the Judge, Family Court, Bhubaneswar for his doing the needful. 6. The Transfer Petition disposed of with the directions as contained hereinabove.