ANSHUMAN PRADHAN Vs. LULIPTA BEURA

JUDGEMENT

(1.) I have heard Mr. A.P. Bose, learned counsel for the petitioner and Mr. S.C. Samal, learned counsel for the opp. party no.1.

(2.) This transfer application under Sec. 407 of Cr.P.C. has been filed by the petitioner-husband Anshuman Pradhan for transfer of D.V. Case No.38 of 2022 filed by the opp. party No.1 - wife under Sec. 12 of the Protection of Women from Domestic Violence Act (in short "DV Act") in the Court of learned S.D.J.M., Talcher, Angul to the Court of learned S.D.J.M., Cuttack.

(3.) Mr. Bose, learned counsel for the petitioner-husband submits that the petitioner had earlier filed MAT Case No.125 of 2021 in the Court of learned Civil Judge (Senior Division), Talcher for a decree of divorce. After receiving notice in the said case, TRP(C) No.183 of 2021 was filed by the opp. party No.1-wife in this Court for transfer of the MAT case to the Court of learned Judge, Family Court, Cuttack. By order dtd. 8/6/2021, this Court has allowed the prayer taking note of her submission that she was staying in Chowdwar with her widow mother and brother and is dependent on them and it would be difficult for her to move 150 K.Ms. to Talcher to attend the case. But in fact the petitioner is staying in Talcher by forcibly occupying one room of the house where the petitioner and his parents were staying. He further submits that although she had plans of moving to Talcher, the opp. party No.1 had made false averments and submissions in TRP (C) No.183 of 2021 in order to cause inconvenience and harassment to the petitioner. After transfer, the case has been re-registered and numbered as C.P. No.390 of 2021 in the Court of the learned Judge, Family Court Cuttack. The case has been listed on a number of occasions, but the opp. party No.1 has remained absent on many dates for which the case is getting adjourned causing difficulty and inconvenience to the petitioner as he has also to appear and contest the DV case before the S.D.J.M., Talcher. As it would be convenient if both the cases are taken up at one place, so the DV Case should be transferred to the Court of the SDJM Cuttack. In the alternative, the Civil Proceeding No. 390 of 2021 should be retransferred to Talcher.