(1.) THE petitioner has filed this petition under Section 407 Cr.P.C. with a prayer to transfer Criminal Proceeding No.241 of 2000 pending in the Court of the Judge, Family Court, Cuttack to the Court of the S.D.J.M., Bhadrak.
(2.) THE case of the petitioner in short is that she married the opp.party on 11.5.1999 as per Hindu rites and their Caste custom in her parental house at Bhadrak. On demand, made by the opp.party, his parents and cousin sister, Anjali Roy, the family members of the petitioner besides giving house -hold articles gave them cash of Rs.85,000/ - and gold ornaments weighing 13 Tolas. After marriage the parties lived as husband and wife in the house of the opp.party at Kazi Bazar, Cuttack. Some time thereafter the opp.party along with his parents and cousin sister Anjali insisted the petitioner to bring a Hero Honda motor cycle from her parents towards dowry. When she refused to it, they all started ill -treating her and lastly on 25.9.1999 drove her out from the matrimonial home. As per the petition since then she has been living at her parental house at Bhadrak.
(3.) OPP .Party in his counter affidavit admitted his marriage with the petitioner, but denied the allegation that he drove her out from the matrimonial home for non -payment of dowry. According to him, the petitioner left the matrimonial home in his absence without any reasonable cause and in spite of his best efforts, she did not return back. So he had to file a case under Section 9 of Hindu Marriage Act in C.P. No.109 of 2000 before the Judge, Family Court, Cuttack for restitution of conjugal right. It is his further case that the petitioner resides at Kazi Bazar, Cuttack and not at Bhadrak. In her written statement filed in C.P. Nos.109 of 2000 and 387 of 2002 she has described herself to be a resident of Kazi Bazar, Cuttack. He further stated that he apprehends danger to his life if he is required to go to Bhadrak in the event the case is transferred there. Moreover, Criminal Proceeding No.241 of 2000 and C.P. No. 387 of 2002 being inter linked, the learned Judge Family Court has directed to hear both the proceedings analogously. If C.P. No.241 of 2000 is transferred to Bhadrak, there may be conflicting decisions in the two cases. On all these grounds the opp.party prays to reject the petition.