PRANATI PATTNAIK Vs. BISWAJIT PATTNAIK

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the learned Counsel appearing for the opposite parties.

(2.) This transfer application has been filed by the Petitioners, who are wife and daughter of the opposite party-husband, making a prayer to transfer the MAT Case No. 671 of 2006 pending before the learned Civil Judge (Senior Division), Bhubaneswar to the Court of learned Civil Judge (Senior Division), Balasore. A petition for grant of divorce has been filed by the opposite party at Bhubaneswar.

(3.) Learned Counsel for the Petitioners submits that the Petitioner No. 1 is now residing in her parents' house along with her four years child and her only brother is serving outside and the parents are ailing, for which she is unable to come and attend the Court of the Civil Judge (Senior Division), Bhubaneswar. A certified copy of the order sheet of the divorce proceeding has been annexed to the preliminary counter affidavit which shows that the matter is pending since 2006 and the Petitioner No. 1 though represented by her Advocate on 4.1.2008 could not file her written statement for which she has been set ex parte. Another application was filed for grant of time to file written statement on the subsequent date but the Court below declined to grant time on the ground that she has been set ex parte. Thereafter the Court below has proceeded with the matter by taking evidence from the side of the husband-opposite party and the matter was last fixed on 3.9.2010, which has been proceed against her set ex parte. These are sufficient grounds for transferring the case by taking note of the inconvenience faced by the wife in coming from Balasore to Bhubaneswar. In support of such contention, learned Counsel for the Petitioners relied upon the decisions in the cases of Sumita Singh v. Kumar Sanjay and Anr., 2002 AIR(SC) 396, Smt. Bishnu Priya Panda and Anr. v. Braja Mohan Panda,2009 2 OLR 966 and Deepika Moharana v. Prasanna Maharana @ Prasanna Kumar Maharana,2002 2 OLR 311.