SNEHALATA BARIK Vs. CHIRANJIT BARIK

JUDGEMENT

(1.) In this application under Sec. 24 of the C.P.C., the petitioner-wife has prayed for transfer of Civil Proceeding No.509 of 2022 filed by the opposite party-husband under Sec. 13(A) of the Hindu Marriage Act, in the Court of the learned Judge, Family Court, Bhubaneswar, to the Court of the learned Judge, Family Judge, Nayagarh.

(2.) Mr. Tripathy, learned counsel for the petitioner-wife submits that marriage of the petitioner and opp. party has been solemnized on 24/2/2020 in the house of the petitioner at village Bigunia and after they led a happy marital life for some days, the opp. party and his family members started torturing the petitioner physically and mentally and pressurised her not to keep any relation with her parents, for which it became difficult for the petitioner to stay in the house of the opp. party and she moved to her parents house in Bigunia in the district Nayagarh. He further submits that the petitioner had gone to her matrimonial house on 16/4/2021 on the assurance of the opp. party and his parents but she was again tortured, for which she has left the house of the opp. party on 15/6/2021 and since then, she is residing with her parents. C.P. No. 114 of 2021 was filed for mutual divorce in the Court of the learned Judge, Family Court, Nayagarh but since the opp. party did not agree to make alimony, C.P. No. 114 of 2021 was withdrawn. Thereafter, the petitioner has filed CRLMC No.54 of 2022 in the Court of the learned Judge, Family Court, Nayagarh under Sec. 125 of Cr.P.C. where the opp. party has appeared and filed his show cause. He further submits that as the petitioner has no independent source of income and is dependent on her parents and is staying in her village which is about 90 kms. from Bhubaneswar, it would be inconvenient for the petitioner to contest the case at Bhubaneswar.

(3.) Considering the above submissions, issue notice to the opposite party in the main case as well as in the interlocutory application through Registered Post with A.D returnable within four weeks. Requisites shall be filed by 18/10/2022. One set of process fee shall be accepted.