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2007 Supreme(Ori) 413

A.S.NAIDU
Suprava Mohanty – Appellant
Versus
Sanat Kumar Das – Respondent


Advocates:
For Petitioner:Mr.Ramakanta Mohapatra & Associates
For Opp.Party:Mr.R.K.Mohanty & Associates

JUDGMENT

A. S. NAIDU, J. — The order dated 4.11.2006 passed by the Dis¬trict Judge, Balasore in Misc.Case No. 31 of 2006 is assailed in this Writ Petition. According to the petitioner she married the opposite party according to caste customs on 7.12.2001. Initially the couple led a blissful married life but later on dissension cropped up. The opposite party-husband filed a petition under Section 13 of the Hindu Marriage Act before the Civil Judge (SD), Balasore praying for dissolution of marriage by way of divorce. The said petition was registered as C.S.(MAT) No.647 of 2004-I which is sub judice.

2. It appears from records that the said suit was posted to 2.3.2006 for reconciliation among the parties but that could not be materialized as the parties declined to live together. On the said date a Memorandum was filed by the petitioner-wife intimating the Court that while she was coming to Court the opposite party-husband threatening to murder her, attempted to kidnap her. Thereafter she filed a petition before the District Judge, Balasore under Section 24 of the Code of Civil Procedure, which was registered as the aforesaid Misc.Case No.31 of 2006 for transfer of the suit to the Cou






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