BINAPANI BEHERA Vs. RABINDRA NATH TAREI

JUDGEMENT

(1.) This M.J.C. has been filed for transferring O.S. No. 426/98 from the Court of the Civil Judge (Senior Division), Angul, to the Court of the Judge, Family Court, Cuttack, or any other competent Court.

(2.) O.S. No. 426/98 was filed by the husband, Rabindra Nath Tarei under Section 9 of the Hindu Marriage Act for restitution of conjugal right. In course of hearing of this petition, both the parties had been called upon to explore the possibility of mutual settlement of the dispute. With the help of the well-wishers of the parties and the Advocates of both parties, it has been amicably resolved that the parties shall reside together as husband and wife after forgetting all the past disputes. On earlier occasion, the parties appeared personally and had stated that they had resumed life as husband and wife. Today also, the parties have appeared in person and they have reiterated their intention to stay together as husband and wife. Since the parties have mutually decided to stay together as husband and wife, the question of pursuing O.S. No. 426/98 does not arise and the said suit should be taken to be disposed of as not pressed. On production of copy of this order, the trial Court shall pass necessary formal order without insisting upon the personal appearance of the parties.

(3.) It appears that because of the earlier misunderstanding, certain other cases has been filed and are pending in different Courts. It appears that T.S. No. 272 of 1998 had been filed by the wife for declaration that she has got right over the National Savings Certificate to the tune of Rs. 40,000/- in the name of the husband and she is entitled to such amount after maturity. In a joint affidavit filed today by the parties, it has been stated that after maturity of the said N.S.C. in the name of the husband, Rabindra Nath Tarei, the entire amount including the accrued interest shall be reinvested/renewed in the name of the daughter of the parties, namely Sonali @ Guddi, for a period of six years under the joint guardianship of the parents, namely Rabindra Nath Tarei and Smt. Binapani Behera and before such reinvestment in the name of the minor daughter, no premature withdrawal shall be permitted in favour of the husband, Rabindra Nath Tarei. In such view of the matter, the suit filed in the Court of the Civil Judge (Senior Division), Bhubaneswar (T.S. No. 272/98 shall be disposed of as not pressed on production of the certified copy of this order without insisting upon the appearance of the parties.