SUJATA SENAPATI Vs. NRUSINGHA CHARAN SAHOO

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This transfer petition at the instance of the wife-petitioner involves transfer of an application under Sec. 9 of the Hindu Marriage Act, 1955.

(3.) Considering that the application under Sec. 9 of the Hindu Marriage Act needs to be disposed of depending on the wife's agreement or disagreement to join the husband before the Family Court, this Court is not inclined to entertain the transfer application. It is in this view of the matter, but however, taking into account that the Civil Proceeding is instituted at Athagarh and the wife-petitioner is staying at Khurda, this Court permits the wife-petitioner to file her response by way of an affidavit through Speed Post with A.D. or Registered Post with A.D. addressing to the Registry of the Civil Judge (Senior Division), Athagarh with her contact number therein within a period of ten working days hence. On production of such affidavit before the Civil Judge (Senior Division), Athagarh, in the event the wife agrees to join the husband, the Civil Judge (Senior Division), Athagarh is directed to undertake the final hearing of the MAT Case No. 24 of 2021 and close the proceeding by passing appropriate order at least within a period of four weeks thereafter. Further, in the event the wife disagrees to join the husband, the learned Civil Judge (Senior Division), Athagarh shall first arrange a conciliation process fixing a suitable date for appearance of both the parties. In the event the conciliation process did not materialize, the learned Civil Judge (Senior Division), Athagarh shall conclude the proceeding as expeditiously as possible preferably within one more date from the date of failure of conciliation, if any without even insisting appearance of the wife. This Court here makes an observation, in the event the wife requires to move to Athagarh to attend the proceeding on the date fixed and there is possibility of engagement of counsel as well as travelling expenses, the husband is directed to deposit a sum of Rs.1000.00 per day only at least two days prior to the date of posting of the proceeding and the amount be released in favour of the wife on filing of appearance memo on each date of posting.