- (1.) THE petitioner is the wife of the respondent who has filed Civil Suit No. 21A of 2002, in the Court of First Addl. District Judge, Raigarh, titled Suresh Chandra Das vs. Rachita Das, for divorce. The petitioner submits that she is living in Puri and it is impossible for her to defend the suit a Raigarh which is about 500 Kms. from Puri. Her difficulty, she submits, is that the travelling involves overnight journey and she cannot leave with anybody a two-month baby to undertake the said journey to defend the suit, nor can the baby we taken to the Court. The respondent in his counter submits that he is an employee in a Bank and the requirements of his duty do not permit him to take leave too often for the pursue of his case. It is further submitted that he would bear her travelling expenses and that the case may be transferred to a place between Raigarh and Puri.
(2.) HAVING heard the learned counsel for the parties we are of the view that considering the comparative difficulties faced by the petitioner to defend the case at Raigarh and that of the respondent in going to Puri, in our view, interest of justice would be served if the case is transferred from the Court of First Addl. District Judge, Raigarh to the Court of District Judge, Bhubaneshwar. We order accordingly. The learned District Judge, Bhubaneshwar, may try the case himself or allocate it to a court of competent jurisdiction for trial.
(3.) THE transfer petition is accordingly disposed of. No costs.;