SUBHASHREE DASH Vs. SUBHASHISH RAYBABU

JUDGEMENT

(1.) This is an application under Section 24 of the Civil Procedure Code for transfer of Civil Proceeding No.83 of 2015 pending in the court of learned Judge, Family Court, Balasore to the court of learned Judge, Family Court, Puri.

(2.) The marriage between the petitioner and the opposite party was solemnized on 5.2.2013 as per Hindu rites and customs at Puri. As it appears that the dissensions cropped up in the family, whereafter the opposite party-husband filed an application under Section 13 of the Hindu Marriage Act for dissolution of marriage in the court of Judge, Family Court, Balasore, which is registered as Civil Proceeding No.83 of 2015. Thereafter, the instant application is filed under Section 24 CPC to transfer the same to the court of learned Judge, Family Court, Puri. It is stated that the petitioner is now serving at Bangalore and her father is staying at Puri. Her father is suffering from old age diseases. Thus it is impossible on her part to look after the case at Balasore. Further, there is none at Balasore to look after the case. She also apprehends danger to her life.

(3.) Pursuant to issuance of notice, a counter affidavit has been filed by the opposite party. It is stated that the petitioner is serving at Bangalore. Therefore, she will not face any inconvenience for attending the court at Balasore. Further, the brother of the petitioner is an advocate practising at Puri. The sister and brotherin-law of the petitioner are residing at Bhubaneswar. Opposite party has been threatened by the in-laws number of times. Thus he will not be able to defend his case in the event the case is transferred from Balasore to Puri.