BISHNU PRIYA PANDA Vs. BRAJA MOHAN PANDA

JUDGEMENT

(1.) HEARD .

(2.) THE petitioners have filed this petition under Section 24 read with Section 151 of the Code of Civil Procedure with a prayer to transfer MAT Case No. 4/2005 pending in the Court of Civil Judge (Sr. Division), Bhubaneswar to Judge, Family Court, Cuttack. It is submitted that the opp. party -husband was not taking care of petitioner No. 1 -wife and petitioner No. 2 -a minor child. A case has been filed under Section 125 of Cr.P.C. claiming maintenance before the Judge, Family Court, Cuttack which has been registered as CRPC No. 544/2004. As a counterblast, it is submitted, the opposite party -husband filed MAT Case No. 4/2005 for restitution of conjugal right in the Court of Civil Judge (Sr. Division), Bhubaneswar.

(3.) THOUGH notice was issued to opposite party -husband and the same was duly served, neither he himself nor any counsel on his behalf has appeared. Law is well settled that while dealing with a petition under Section 24 of the Code of Civil Procedure so far as matrimonial dispute is concerned, convenience and inconvenience of the wife should be the paramount consideration of the Court.