LITA MOHAPATRA Vs. JATAVEDA MOHAPATRA & ANOTHER

JUDGEMENT

(1.) This transfer application has been filed by the petitioner seeking transfer of the C.P. (Guardian Misc. Case) No.418/2015 from the Family Court, Bhubaneswar to the Family Court, Cuttack.

(2.) In referring to the averments made in paragraph No.8, learned counsel for the petitioner submitted that the petitioner-wife is getting threatens from the husband to her life under the duress of withdrawal of the counter claim. In drawing the attention of this Court to the documents vide Annexure-3(series), learned counsel for the petitioner submitted that the petitioner has approached the Public Authorities as well as Statutory Authorities to the level of National Human Rights Commission seeking protection to her life.

(3.) In his opposition, by filing a counter affidavit in Court today after serving a copy thereof on the counsel for petitioner, learned counsel for the opposite party-husband denies all the allegations with regard to threatening by him to the wife, on the other hand alleges that the documents vide Annexure3(S) have all been created only for shifting the case from Bhubaneswar to the Cuttack. In establishing his case, Sri Sarangi, learned counsel for the opposite party further submitted that the proceeding was initiated in the year 2015 and there has been several dates being attended to by both the parties at Bhubaneswar and since both the spouses stays presently in Australia and attends the Court by coming over for short time, there will be no impediment on either the case is taken up at Cuttack or at Bhubaneswar.