MANISHA SINGH DEO Vs. BIDYADHAR SINGH DEO

JUDGEMENT

(1.) THIS is a petition under Section 24 of the Code of Civil Procedure, 1908 filed by the petitioner, wife of the opposite party, for transfer of the divorce proceeding in O.S.No. 27 of 1995 from the Court of the Civil Judge (Senior Division), Jeypore, to that of Civil Judge (Senior Division), Bhubaneswar, to be tried analogously with O.S. No. 339 of 1995 which has been filed by her claiming separate residence and maintenance from the opposite party.

(2.) THE marital abode of the petitioner and the opposite party, the two spouses of erstwhile royal family of Jeypore, is in troubled water. Their marriage was celebrated at Bhubaneswar in the residence of the petitioner's father and the last place of residence of the couple was at Jeypore. Two children were born to them in their wedlock who are presently in the care and custody of the petitioner. The opposite party has filed O.S. No. 27 of 1995 for dissolution of marriage on the ground, the petitioner has been affected by mental disorder for which he cannot reasonably be expected to live with her. The petitioner, on the other hand, has approached the Civil Judge (Senior Division), Bhubaneswar, in O.S. No. 339 of 1995 claiming separate residence and maintenance for herself and her minor children. According to the petitioner she alongwith the minor children has been residing in her father's residence at Bhubaneswar. She has no independent source of income and is totally dependent on her father. So financial implication in visiting Jeypore for the purpose of fighting out the litigation on all the dates will cause great hardship to her. Added to that, Jeypore being far off from Bhubaneswar and there being no place of residence, it would be practically impossible for her to cover up such long distance on all dates. Moreover, she cannot leave her minor children even for a day and proceed to Jeypore. Therefore, the Court in exercise of power conferred by Section 24 of the Code of Civil Procedure should transfer the matrimonial proceeding pending in the Court of Jeypore to the Court of Bhubaneswar where the proceeding for separate residence and maintenance initiated by her is pending for adjudication.

(3.) MUCH arguments have been advanced by the learned Counsel representing the parties. Mr. Mohanty, Counsel for the petitioner, has contended that in the peculiar facts and circumstances of the case, it would be just and proper for the Court to exercise discretion in favour of the petitioner and order for transfer of the suit from the Court of Jeypore to that of Bhubaneswar. Controverting the aforesaid submission, Mr. N.C. Panigrahi, Counsel for the opposite party, has urged that it is for the opposite party to choose one of the several Forums to initiate the proceeding and he having chosen the Jeypore Court to get the marriage dissolved by decree of divorce, without there being compelling reasons that right cannot be interfered with and the proceeding cannot be transferred at the desire of the petitioner.