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2016 DIGILAW 741 (ORI)

Swagatika Nayak v. Bijay Kumar Swain

2016-09-06

BISWANATH RATH

body2016
JUDGMENT : Biswanath Rath, J. This transfer application has been filed by the petitioner seeking transfer of the C.P. No.138 of 2016 from the Family Court, Bhubaneswar to the Family Court, Sambalpur. 2. During course of argument, learned counsel for the petitioner submitted that the wife is a resident of the Driver colony, Gobindtola, P.O.-Dhanupali, P.S.-Dhanupali, Dist.-Sambalpur and knowing her address fully well, the husband-opposite party served the notice in the C.P. Case No.138 of 2016 on the wife in her above address. She has no income and being a destitute, she is unable to attend the case at Bhubaneswar which is at a distance of more than 300 kilometers. . On the other hand, learned counsel for the husband submitted that even though the wife is a resident of Dhanupali, dist.-Sambalpur but she is a permanent resident of village Sorodo, P.S.-Buguda, Dist.-Ganjam and she being a permanent resident of Ganjam, she has no justified claim for transfer of the case to Sambalpur. Looking to the permanent address of the wife, learned counsel for the husband further submitted that instead of transferring the case to Sambalpur, the case may be transferred to Buguda in the District of Ganjam. 3. There is no dispute with the fact that the wife-petitioner presently resides at Gobindatola in the district of Sambalpur. Considering the rival contention of the parties, following the decision of the Hon’ble Apex Court as reported in AIR 2002 (SC) 396 and since this Court finds the wife is residing at Gobindatola in the District of Sambalpur and the husband being an able body, he will not be affected in the event, the case is transferred to Sambalpur, this Court while allowing the transfer application directs the C.P. Case No.138 of 2016 to be transferred to the Family Court, Sambalpur. 4. Petitioner is directed to serve certified copy of this order before the Judge, Family Court, Bhubaneswar within ten days hence and on receiving the order, the Judge, Family Court, Bhubaneswar shall forthwith transmit the case records to the Judge, Family Court, Sambalpur for his doing the needful. 4. Petitioner is directed to serve certified copy of this order before the Judge, Family Court, Bhubaneswar within ten days hence and on receiving the order, the Judge, Family Court, Bhubaneswar shall forthwith transmit the case records to the Judge, Family Court, Sambalpur for his doing the needful. Further considering the fact that the husband will now travel to Sambalpur to attend the case, this Court also directs the Judge, Family Court, Sambalpur to dispose of the C.P. No.138 of 2016 within a period of nine months hence and this Court also records the undertaking of the wife through her counsel that she shall not take any unnecessary adjournment at there and cooperate the Family Court in the timely disposal of the case. 5. The Transfer Petition disposed of with the directions as contained hereinabove.