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Judgment
Biswanath Rath, J
This transfer petition at the instance of the wife-Petitioner, involves transfer of an application U/s.9 of the Hindu Marriage Act.
It is surprise to note that the Family Courts are keeping Section 9 proceeding pending for years together when it is dependent on the consent or no
consent of the Wife in disposing of such matters. Invariably this Court finds, the Wives are declining to join their Husbands. So once the statement of
the Wife as to willingness to join or not to join is coming to be recorded, Section 9 proceeding should not proceed further except if the Court desires
may undertake an exercise of conciliation for one or two dates. For involvement of Section 9 of the Hindu Marriage Act proceeding, this Court
declines to transfer the Civil Proceeding from the Family Court, Khordha to the Family Court, Bhubaneswar and disposes of the Petition as follows.
Taking into account that the Civil Proceeding is instituted at Khorda and the wife-Petitioner is now staying in Bhubaneswar and for being an
unemployed lady, this Court permits the wife-Petitioner to file her response by way of an affidavit through Speed Post with A.D or Registered Post
with A.D addressing to the Registry of the District Court, Khorda with her contact number therein within a period of ten days hence. On production of
such affidavit before the Family Court, in the event the wife agrees to join the husband, the Family Court, Khorda is directed to undertake the final
hearing of the Civil Proceeding No.183 of 2016 and close the proceeding by passing appropriate order at least within a period of four weeks
thereafter. Further, in the event the wife disagrees to join the husband, the learned Judge, Family Court, Khorda shall first arrange a conciliation
process fixing a suitable date for appearance of both the parties. In the event the conciliation process does not materialize, the learned Judge, Family
Court, Khorda shall conclude the proceeding as expeditiously as possible preferably within one more date from the date of failure of conciliation, if
any, without even insisting appearance of the wife. This Court here makes an observation, in the event the wife is required to move to Khorda to
attend the proceeding on the date fixed and there is possibility of engagement of counsel as well as travelling expenses, the husband is directed to
deposit a sum of Rs.500/- (rupees five hundred) only per date at least two days prior to the date of positing of the proceeding and the amount be
released in favour of the wife on filing appearance memo on each date of posting.
Issue urgent certified copy..
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