ANISHA JAIN Vs. SANDEEP JAIN
LAWS(ORI)-2021-3-14
HIGH COURT OF ORISSA
Decided on March 10,2021

Anisha Jain Appellant
VERSUS
Sandeep Jain Respondents

JUDGEMENT

Biswanath Rath,J. - (1.) This is a Petition at the instance of the Wife, who is deserted and unemployed, under Section 24 read with 151 of the Civil Procedure Code seeking transfer of C.P.Case No.87 of 2020 pending on the file of Family Court, Sambalpur to the Family Court, Bhawanipatna at Kalahandi.
(2.) Background involving the case is that both the parties entered into marriage on 23.1.2011 at Durga Mangalam in the district of Sambalpur according to Hindu Rites and Customs. Wife pleaded that during marriage following demand by the Opposite Party and his family members, cash worth of Rs.4.00 lakh towards principal dowry, Rs.2.00 lakh towards purchase of dress materials for all family members, gold chain etc. besides a further sum of Rs.2.00 lakh towards household articles and other utensils was also given to them. It is asserted that there was financial assistance to the Husband on different occasions. While both Husband and Wife continuing as such, they were blessed with a male child on 3.9.2016. It is alleged that to satisfy the greediness of the Opposite Party, the father of the Petitioner has given gold ornament of 55 Grams and cash of Rs.50,000/- for dress materials for the Husband and his family members. Through Paragraph-6 of the Transfer Petition, it is alleged that the reason unknown to the Wife, at the instance of the mother-in-law of the Petitioner, the Opposite Party started abusing the Petitioner on the premises of not bringing further dowry of Rs.20.00 lakh. There was also taking place assault on her in many of the nights. When the Wife took up the issue with her parents and other relatives, attempts were taken to sort out by holding meetings, which ended in strange proposal intimating that the Husband was not interested to lead life with the Wife and a request was made to hand over the son staying with her. In the meantime, on reaching consensus, a written agreement was executed endorsing not to ill-treat or torture the Petitioner resulting in joining with the Husband at Sambalpur. Unfortunately on 23.4.2020 for trifle issue the Petitioner was again severely assaulted by her Husband, Mother-in-law, Brother-in-law and Sister-in-law combinedly to take away the life of the Petitioner. It is alleged that there was no medical treatment given to her. It is at this stage, brother of the Petitioner somehow reached the house of the Husband and requested the Husband to leave the Petitioner to her parents' house. Though it was not agreed at the initial stage but on condition to sign on blank paper, she was allowed to go back to her parents' house with her son.
(3.) In the meantime, finding no resolution to the dispute between the Parties and Husband not showing any interest towards the Wife, surprisingly the Husband filed a Petition under Section 13(1)(ia) of the Hindu Marriage Act before the Family Court, Sambalpur praying for decree of divorce, vide C.P. Case No.87 of 2020. Summons being issued for appearance and to file show cause, the Case was posted to 25.11.2020 for appearance and filing Written Statement. Under the premises that the Petitioner being deserted by the Husband since was residing with her parents at Kesinga in the district of Kalahandi, almost three hundred kilometers away Sambalpur where the litigation was initiated and for no income of the Petitioner, she became unable to conduct her case at Sambalpur resulting in filing the present Case for transfer of the Civil Proceeding from Sambalpur to the Family Court, Bhawanipatna, which is situated 25 kilometres away from the parental residence of the Petitioner.;


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