MEERA PRADHAN Vs. SUNIL PRADHAN

JUDGEMENT

(1.) THIS is an application under Section 24 of the Civil Procedure Code for transfer of Civil Proceeding No. 96 of 2013 from the court of learned Judge, Family Court, Jajpur to the court of learned Judge, Family Court, Bhubaneswar.

(2.) THE petitioner is the legally married wife of the opposite party. The marriage was solemnized on 10.3.2010 as per Hindu rites and customs. After dissensions cropped up, the petitioner is living with her parents house at Bhubaneswar. Thereafter, the opposite party filed an application under Section 13 of the Hindu Marriage Act for a decree of divorce in the court of learned Judge, Family Court, Jajpur, which is registered as Civil Proceeding No. 96 of 2013. In the instant petition under Section 24 CPC, the petitioner seeks transfer of the said case to the court of learned Judge, Family Court, Bhubaneswar. It is stated that due to poor financial condition, she is not in a position to appear in the court at Jajpur. On 25.11.2014 due to her non -appearance, the application for maintenance was dismissed for non -prosecution. Thereafter, she filed a misc. case being Misc. Case No. 36 of 2014 for restoration of the application for interim maintenance, but the learned Judge, Family Court, Jajpur instead of disposing of the interim application took up the case for final hearing. It is further stated that since she is living in a very distress condition at her parents house, she filed an application under Section 125 Cr.P.C. before the learned Judge, Family Court, Bhubaneswar for maintenance. It is further stated that there is no male member to accompany her from Bhubaneswar to Jajpur except her old and ailing father.

(3.) HEARD Mr. Pradipta Verma, learned counsel for the petitioner and Mr. Diptiranjan Mohapatra, learned counsel for the opposite party.