BANITA DAS Vs. AKSHAYA KUMAR MALLICK

JUDGEMENT

(1.) In this application under Section 24 of the Code of Civil Procedure (for short 'the CPC'), the petitioner-wife has sought for transfer of C.P. Case No.95 of 2012 from the court of learned Judge, Family Court, Puri to the court of learned Judge, Family Court, Bhubaneswar.

(2.) The grounds of transfer, as outlined in the petition, are that the petitioner being a poor woman, lives with her widow mother at Bhubaneswar ; it is difficult on her part to travel to Puri to attend the court on each date of posting ; there is no other male member in the house of the petitioner to help her out in the case and it is the well settled position of law that convenience of the wife is paramount consideration in a matrimonial dispute.

(3.) Learned counsel for the opposite party-husband submits that the petitioner is working as a contract teacher TGT (CBZ) at Government High School, Berboi in the district of Puri. She takes up journey to-and-fro to Berboi everyday to attend the classes assigned to her. Puri being a nearby place to her place of posting, it is not difficult on her part to attend the court at Puri. It is further submitted that the mother of the petitioner is also a working lady and there is no difficulty at all on the part of the petitioner to attend the court at Puri. It is further submitted by learned counsel for the opposite party that the opposite party is ready and willing to pay the litigation expenses, though the opposite party has been rendered jobless in the meantime for the criminal case filed by the petitioner against him. In the alternative, it is submitted that, if at all, the transfer petition is to be allowed, the case may be transferred to a third place, as the opposite party apprehends danger to his life, in the event of his attending the court at Bhubaneswar.