SMT. PRAMILABALA BEHERA Vs. DR. SUKANTA KUMAR JENA

JUDGEMENT

(1.) This is an application under Section 24 of the Civil Procedure Code for transfer of Civil Proceeding No.421 of 2013 from the court of learned Judge, Family Court, Cuttack to the court of learned Judge, Family Court, Bhubaneswar.

(2.) Opposite party No.1 married the daughter of the petitioner, namely, Anupama Behera on 17.6.2009. Out of their wedlock, a son was born on 26.5.2010. While the matter stood thus, the wife of the opposite party no.1 died on 15.3.2013. Thereafter, the opposite party no.1 -husband filed an application under Sections 7 and 10 of the Guardians and Wards Act, 1890 read with Section 7 of the Family Courts Act, 1984 for custody of the minor child in the court of learned Judge, Family Court, Cuttack, which is registered as C.P No.421 of 2013. The petitioner, who is the maternal grandmother, has also filed C.P. No.354 of 2013 in the court of learned Judge, Family Court, Bhubaneswar for custody of the minor child. With the factual scenario, the instant application for transfer has been filed by the maternal grandmother of the minor child.

(3.) Heard Mr. Kali Prasanna Mishra, learned counsel for the petitioner and Mr. Bansidhar Baug, learned counsel for the opposite party no.1.