RAJANI KANTI SAHOO Vs. SRINIBAS MOHARANA

JUDGEMENT

(1.) This transfer application has been filed by the petitioner seeking transfer of the C.P. No.153 of 2015 from the Family Court, Dhenkanal to the Family Court, Bhubaneswar.

(2.) Short background involved in the case is that the opposite party-husband being permanent resident of Dhenkanal filed C.P. No.153 of 2015 seeking divorce against the wife. The undisputed fact remains that the husband in the meantime, has separated from his family and residing at Sambalpur and the wife also after separation from the husband, is residing at Bhainchua, P.S.-Balianta Dist.- Khurda along with her parents and brother who is looking after her.

(3.) In requesting for transfer of the proceeding to Bhubaneswar, the petitioner contended that though she was a resident of Dhenkanal while she was residing along with the husband but after the separation she is residing at Baichuan in the District of Khurda and the husband also knowing this fact, disclosed her address to be the address of the wife for the purpose of notice in the C.P. proceeding. Since she is a destitute lady having no financial support and depending for her livelihood on her brother, she has a case deserved to be transferred to the Family Court at Bhubaneswar.