MINATI SAHOO AND ORS. Vs. BASANTA KUMAR SAHOO

JUDGEMENT

(1.) COUNTER affidavit on behalf of opposite party is filed in Court today. The same be kept in record.

(2.) HEARD .

(3.) PETITIONERS claim for transfer of the suit to Nayagarh, inter alia, on the ground of poverty and No. capacity to appear at Khurda along with the witnesses to contest the suit. It is stated at the Bar that because of the default in appearance of Petitioner No. 1 she has been set ex -parte and the matrimonial case is now posted for judgment after conclusion of the ex -parte hearing. The aforesaid circumstances justify the contention of Petitioner No. 1 in support of the prayer for transfer Admittedly, the present opposite party is contesting to the claim of maintenance in Crl. Misc. Case No. 56 of 2002 pending in the Court of S.D.J.M., Nayagarh. Therefore, the opposite party will not face any difficulty for appearance and participation, if the matrimonial case shall be transferred to the file of the Civil Judge (Sr. Division), Nayagarh. Under such circumstance, notwithstanding the fact that the civil proceeding is at the stage of pronouncing an ex parte judgment, the same is transferred to the file of Civil Judge (Sr. Division), Nayagarh.