ANUSUYA SITHA Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) None appears on behalf of the petitioner so also on behalf of the opposite parties nos.2 to 6.

(2.) As it appears on the First Information Report submitted the petitioner before the Bhubaneswar UPD Mahila Police Station on 15.02.2013, Bhubaneswar UPD Mahila P.S. Case No.37 of 2013 was registered under sections 498-A, 323, 406 read with section 34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act against the opposite parties nos. 2 to 6 who are the husband, father-in-law, brotherin-law, mother-in-law and sister-in-law of the petitioner respectively.

(3.) It appears from the grounds taken in the application under section 482 Cr.P.C. that the petitioner is now residing in her parents' house at Dhenkanal along with her two children and the father of the petitioner is a retired person and it is stated that due to paucity of income, it is quite an onerous task for the petitioner to attend the case at Bhubaneswar. It is further stated that the maintenance proceeding was instituted by the petitioner against the opposite party no.2 before the learned Judge, Family Court, Dhenkanal in Criminal Misc. Case No.204 of 2013 and an order of maintenance has been passed but the opposite party no.2 has not paid anything to the petitioner and her two children. It is further stated that the opposite party no.2 filed a divorce petition before the Court of learned Additional District Judge, Tis Hazari Court at New Delhi and the Hon'ble Supreme Court in Transfer Petition (C) No. S 406 of 2014 has been pleased to transfer the divorce petition i.e. HMA Petition No.552 of 2013 to the Court of District Judge, Dhenkanal, Odisha with a further direction to assign the same to the Court of competent jurisdiction.