DHIREN KUMAR DAS Vs. REBATI DAS MALLIK

JUDGEMENT

(1.) THIS is a petition under Section 407 of the Code of Criminal Procedure ('Code' for short) for transfer of case under Section 125 of the Code from the court at Bhubaneswar to the court at Kendrapara.

(2.) THE undisputed facts are stated in brief. The petitioner is the husband of opposite party No. 1 and father of opposite party No. 2. They belong to Kendrapara Sub -Division of Cuttack of district. The petitioner serves in Calcutta. On the allegation that on account of insufficient dowry at the time of her marriage with the petitioner in the year 1982 she was driven out from the matrimonial home along with the infant daughter (opposite party No. 2) after which the petitioner contracted a second marriage with another woman, opposite party No. 1 filed a petition under Section 125 of the Code claiming maintenance both her and in favour of the infant daughter (opposite party No, 2) in the court of Sub -Divisional Judicial Magistrate, Bhubaneswar.

(3.) THE petitioner has alleged that opposite party No. 1 is ordinarily residing with her father at village Chatarchakada within Kendrapara sub -division and does not reside at Bhubaneswar. Therefore, the Sub -Divisional Judicial Magistrate, Bhubaneswar has no jurisdiction to entertain the proceeding according to the provisions of Section 126(1) (b) and (c) of the Code. On the other hand, Sub -Divisional Judicial Magistrate, Kendrapara has jurisdiction to entertain and dispose of the proceeding. Further, in order to prove his case it will be highly expensive and inconvenient for him to bring witnesses from his village in Nendrapara Sub -division all the way to Bhubaneswar. As a matter of fact, on account of poverty it will he difficult for him to attend court at Bhubaneswar off -and -on. Therefore, for convenience of both parties the proceeding should be transferred from the court of Sub -Divisional Judicial Magistrate, Bhubaneswar to the court of Sub -Divisional Judicial Magistrate, Kendrapara.