Applications under Section 24 of the Code of Civil Procedure. Lopamudra Rout .… v. Sangram Keshari Dalai
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No. 422 of 2023 Applications under Section 24 of the Code of Civil Procedure. Lopamudra Rout .…… Petitioner --------------- - Versus - Sangram Keshari Dalai ...…. Opp. Party Advocate(s) appeared in this case:- _________________________________________________________ For Petitioners : M/s. A.B.Parida, B.Biswal & S.P.Parida, Advocates
Legal Reasoning
For Opp. Parties : Mr. A.Dash, Addl. Government Advocate _________________________________________________________ CORAM: JUSTICE SASHIKANTA MISHRA JUDGMENT 10th April, 2024 SASHIKANTA MISHRA, J. The petitioner wife has filed this application seeking a direction to transfer Civil Proceeding No. 367 of 2023 pending in the Court of learned Judge, Family Court, Berhampur to the Court of Learned Judge, Family Court, Bhadrak. 2. Said proceeding has been filed by the opposite party husband for divorce under Sections 13(1)(ia)(iv) read with Section 26 of the Hindu Marriage Act. Page 1 of 6 3. The facts of the case are that the petitioner and the opposite party were married on 04.07.2014 at FCI, Township, Talcher in the district of Angul. It is alleged that while the couple was staying at Rourkela, being insisted by his family members, the Opposite Party demanded additional dowry from the family of the petitioner, which not being acceded to, she was driven out from the house by him on 29.10.2015. Thereafter, there appears to have been several litigations between the parties under Section 9 of Hindu Marriage Act being filed by both the wife as well as the husband before different Courts at different times. Reference to such litigation is not felt necessary in the present case which is confined to the prayer of the petitioner to transfer the case filed by her husband for divorce at Berhampur. 4. Heard Mr. A,B.Parida, learned counsel for the petitioner wife and Mr. A.Dash, learned counsel for the opposite party husband. 5. It is submitted that the petitioner has no source of income to maintain her and her child besides she is a patient of Thyro related diseases and is residing at Bhadrak which is at a distance 300 kms from Berhampur. Her father has died Page 2 of 6 since 20.04.2021 and her mother is unable to move due to Osteoarthritis. There is also no other male member in the family to accompany her to Berhampur to attend to the case on the date fixed. That apart, her daughter is a student of Standard-1 and she has to take her to and bring her back from the school everyday. Further, the opposite party has threatened her over telephone of dire consequences if she ever comes to Berhampur. Taking into consideration all the above facts, it is argued that the civil proceeding should be transferred to Bhadrak in the interest of the petitioner wife. 6. Per contra, Mr. A.Dash argues that the petitioner is presently posted at Sonepur and it would be difficult on his part to proceed to Bhadrak on the date of posting of the case. Moreover, his work involves scrutinising documents relating to salary, pension and expenditure of different Government Offices in the district. He is also involved in safe keeping of examination papers, stamp disbursing and safe keeping of jewelleries of temples in the strong rooms and has to send account statement to the Accountant General twice a month. Therefore, proceeding to Bhadrak to attend the case on each date of the posting would cause disruption in Government Page 3 of 6 work. That apart, there is no direct train communication from Sonepur to Bhadrak and the distance between two places is approximately 430 kms. As such, the petitioner would be required to take leave for at least two days to attend to the Court case at Bhadrak but he can proceed to Berhampur from Sonepur and return on the same day because of direct communication. Mr. Dash further submits that the opposite party husband in compliance of the order passed by this Court in TRP(C) No. 95 of 2021 has paid Rs. 5,000/- to the petitioner wife towards travel expenses and he is still ready and willing to pay the travel and lodging expenses of the petitioner. He further submits that the father of the opposite party husband is a heart patient and is residing at Berhampur. 6. Having heard learned counsel for the Parties at length and on going through the materials available in the case record, this Court takes note of the fact that the distance between Bhadrak and Sonepur is more than 400 kms. That apart, it is well settled that convenience of both parties has to be considered in a case of transfer and it is not necessary that the wife’s application for transfer has to be always allowed. Page 4 of 6 This Court finds that the opposite party husband is a Government Servant being posted at Sonepur which is also at a considerable distance from Berhampur. He has not prayed for transfer of the proceeding from Berhampur to Sonepur. He has undertaken to provide travel and lodging expenses to his wife for travelling from Berhampur to Bhadrak, which undisputedly are connected by direct train and bus being on the Howarh-Madras line. So, as between the petitioner and the Opposite Party it would rather be more convenient for the petitioner to travel to Berhampur than for the Opposite Party to travel from Sonepur to Berhampur, which however, he agrees to do. 7. Thus, taking an overall view of the matter, this Court is of the considered view that there is no justified reason to transfer the proceeding from Berhampur to Bhadrak as prayed for by the petitioner. The Opposite Party shall pay the actual travel expenses of the petitioner and her daughter including a male attendant who may accompany her from Bhadrak to Berhampur including their lodging expenses. It shall also be open to the petitioner to appear before the Court at Berhampur through virtual mode by obtaining necessary Page 5 of 6 permission for the same. If such application is moved by the petitioner, the same shall be considered in accordance with law by the learned Judge, Family Court at Berhampur. 8. In the result, the transfer application is disposed of in terms of the observations made above. Further, unless absolutely necessary learned Judge, Family Court, Berhampur shall not insist upon the physical presence of the petitioner. ……..……………………. Sashikanta Mishra, Judge Orissa High Court, Cuttack. The 10th April, 2024/ Deepak Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 12-Apr-2024 11:44:40 Page 6 of 6