SAROJINI SAHOO Vs. JAPAKRUSHNA SAHOO

JUDGEMENT

(1.) The present application for transfer has been filed by the petitioner, who claims to be the wife of sole opposite party. The prayer is to transfer C.S. No. 14 of 2020 filed by the opposite party in the Court of learned Civil Judge (Senior Division), Kujang to the Court of learned Judge, Family Court, Nayagarh.

(2.) The facts of the case, relevant only to decide the present application, are that the petitioner claims to be the wife of the sole opposite party having supposedly married him on 4/2/2011. Because of dissension arising between them, the opposite party allegedly drove the petitioner away from his house on 10/3/2014 and since then she has been residing with her father. On 23/4/2019, the opposite party husband filed C.S. No.538 of 2019 under Sec. 7(1), Explanation (b) of the Family Courts Act, 1984 in the Court of learned Judge, Family Court, Jagatsinghpur for a declaration that the petitioner is not his wife. The learned Judge, Family Court passed an ex-parte judgment on 10/12/2019 in favour of the husband. Subsequently, the petitioner having come to know about the passing of the ex-parte judgment, filed CMC No.2 of 2020 in the Court of learned Judge, Family Court which was allowed vide order dtd. 31/8/2023. The said matter is presently pending. In the meantime, on an application filed by the petitioner in the Court of learned J.M.F.C., Nayagarh for grant of maintenance under Sec. 125 of Cr.P.C. being CMC No. 66 of 2014, the opposite party was directed to pay monthly maintenance of Rs.4,000.00 in the first week of every month with cost of Rs.300.00 vide order dtd. 30/6/2015. Subsequently, as per application filed under Sec. 127 of Cr.P.C. being Crl.M.P. No. 10 of 2019 by the petitioner, the learned Judge, Family Court, Nayagarh, vide order dtd. 23/11/2019 enhanced the quantum of interim maintenance to Rs.5,000.00. While the matter stood thus, the opposite party filed a suit being C.S. No. 14 of 2020 in the Court learned Civil Judge (Senior Division), Kujang for recovery of the maintenance amount, which was deducted from his salary. The petitioner, on the other hand, has filed execution cases being Crl.M.P No. 29 of 2020 and Crl.M.P. No. 142 of 2021 before the Judge, Family Court, Nayagarh.

(3.) This Court therefore, finds that C.S. No. 14 of 2020 filed by the opposite party is pending in the Court of learned Civil Judge (Senior Division), Kujang and CP No. 538 of 2019 in the Court of learned Judge, Family Court, Jagatsinghpur. However, Crl.M.Ps. No. 29 of 2020 and 142 of 2021 are pending before the learned Judge, Family Court, Nayagarh.