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Judgment
P.K. Tripathy, J.—Counter affidavit on behalf of opposite party is filed in Court today. The same be kept in record.
Heard.
In this application u/s 24, CPC Petitioners seek transfer of Matrimonial Case No. 170 of 2002 of the Court of Civil Judge (Sr. Division), Khurda to the Court of Civil Judge (Sr. Division), Nayagarh. Since Petitioner Nos. 2 & 3 are not parties to the said civil proceeding, they have simply been added as parties because they are the co-Petitioners with Petitioner No. 1 in Crl. Misc. Case No. 56 of 2002 instituted u/s 125, Code of Criminal Procedure as against the present opposite party and pending adjudication in the Court of S.D.J.M., Nayagarh.
Petitioners claim for transfer of the suit to Nayagarh, inter alia, on the ground of poverty and No. capacity to appear at Khurda along with the witnesses to contest the suit. It is stated at the Bar that because of the default in appearance of Petitioner No. 1 she has been set ex-parte and the matrimonial case is now posted for judgment after conclusion of the ex-parte hearing. The aforesaid circumstances justify the contention of Petitioner No. 1 in support of the prayer for transfer Admittedly, the present opposite party is contesting to the claim of maintenance in Crl. Misc. Case No. 56 of 2002 pending in the Court of S.D.J.M., Nayagarh. Therefore, the opposite party will not face any difficulty for appearance and participation, if the matrimonial case shall be transferred to the file of the Civil Judge (Sr. Division), Nayagarh. Under such circumstance, notwithstanding the fact that the civil proceeding is at the stage of pronouncing an ex parte judgment, the same is transferred to the file of Civil Judge (Sr. Division), Nayagarh.
After receipt of the record in the Court of Civil Judge (Sr. Division), Nayagarh if the Petitioner No. 1 shall file an application within a period of four weeks from that date to set aside the ex parte order, that be appropriately considered and disposed of as far as practicable within a further period of four weeks. Since learned Civil Judge (Sr. Division), Nayagarh is also a Judicial Magistrate of First Class, therefore, Chief Judicial Magistrate, Nayagarh shall do well to transfer the 125, Code of Criminal Procedure proceeding from the Court of S.D.J.M., Nayagarh to the Court of Civil Judge (Sr. Division), Nayagarh, so that learned Civil Judge (Sr. Division) shall make efforts for conciliation and in the event of failure, to dispose of both the proceedings one after the other strictly in accordance with law.
Both the parties suggest for fixing a target for disposal of the suit and the proceeding u/s 125, Code of Criminal Procedure Therefore, it will be appropriate for learned Civil Judge (Sr. Division), Nayagarh to dispose of the said proceedings within a period of four months from the date of receipt of the records provided the parties shall cooperate in the respect.
The TRP(C) is allowed accordingly.