LAWS(ORI)-1998-10-17

PRATIVA MANJARI DAS Vs. KAMAL LOCHAN DAS

Decided On October 16, 1998
PRATIVA MANJARI DAS Appellant
V/S
KAMAL LOCHAN DAS Respondents

JUDGEMENT

(1.) The Civil Revision is directed against the order of the trial Court- Civil Judge (Senior Division), Baripada, rejecting the application filed by the wife seeking for a direction" regarding payment of certain amount required for the education of the son of the petitioner and opposite party and for meeting the expenses for Upanayan of a relation of the petitioner. The M.J.C. has been filed under Section 24, Code of Civil Procedure, also by the wife for transferring the suit pending before the Civil Judge (Senior Division), Baripada, to any other court.

(2.) Matrimonial Suit No. 98/94 has been filed by the husband against the wife seeking for relief of divorce and connected O.S. No. 111/94 has been filed by the wife seeking for relief of restitution of conjugal right. The Civil Judge (Senior Division) has already passed a direction that both the suits should be taken up for hearing analogously.

(3.) During pendency of the suit No. 98/ 94 filed by the husband, order of interim maintenance has been passed directing payment of Rs. 2,000/- per month towards maintenance of wife and two minor children living with the wife. Subsequently, wife filed a petition for payment of certain amount incurred towards expenses for education of the son and in connection with thread ceremony of a relation of the wife. She claimed in all Rs. 11.000/-. The said prayer having been rejected, Civil Revision No. 176 of 1997 has been filed. The wife has filed M.J.C. No. 227 of 1998 for-transferring both the suits to any other Court. The main ground taken in the said petition for transfer is that in view of the prejudicial order passed by the Civil Judge (Senior Division) from time to time, the wife apprehends that she may not get justice.