Jhunu Biswal vs Ratan Biswal

This application u/s 24 of the C.P.C. has been filed by the petitioner-wife seeking transfer of C.S. No. 101 of 2011 filed by the opposite party-husband u/s 9 read with Section 13(A) of the Hindu Marriage Act from the Court of learned Civil Judge (Senior Division), Sonepur to the Court of learned Civil Judge (Senior Division), Balangir. Heard learned counsel for the parties.

Opposite party has himself described the petitioner to be presently residing within the territorial limits of Bolangir district.

It is submitted by the learned counsel for the petitioner that the petitioner shall be subjected to expenses and exposed to other hazards in case she is required to travel to Sonepur for attending the Court during the dates fixed. Learned counsel for the petitioner in support of the application for transfer of C.S. No. 101 of 2011 relies on the decision of the Hon''ble Supreme Court in Sumita Singh Vs. Kumar Sanjay and Another, wherein it has been observed that it is the wife''s convenience that must be looked at while considering the application for transfer of the case.

Considering the rival submissions and principle laid down in the above cited decision, the TRP (C) is allowed. C.S. No. 101 of 2011 is transferred from the Court of learned Civil Judge (Senior Division), Sonepur to the Court of learned Civil Judge (Senior Division), Bolangir. Urgent certified copy of this order be granted on proper application.