Minor petitioner sought transfer of criminal matrimonial proceeding (CRP No. 395 of 2013) from Kendrapara to Koraput. Court allowed transfer in interest of justice given petitioner's residence with mother at Netaji Nagar, Similiguda, Koraput.
CRP No. 395 of 2013 pending in Family Court, Kendrapara is transferred to Family Court, Koraput at Jeypore.
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TRPCRL No. 4 of 2013
30.08.2016 None appears on behalf of the opposite party.
Heard learned counsel for the petitioner.
This is an application filed by the petitioner who is the son of the opposite party se
eking transfer of CRP No. 357 of 2011 presently numbered as CRP No. 395 of 2013 from the Court
of learned Judge, Family Court, Kendrapara to the competent Court at Koraput.
It is contended by the learned counsel for the petitioner that the marriage between th
e opposite party and Swarnalata Beura, who is the mother of the petitioner was solemnized on 1
3.07.1994 in accordance with Hindu rites and customs and the opposite party instituted a divor
ce proceeding in the Court of learned Judge, Family Court, Cuttack which was registered as C.P
. No. 1056 of 2009 and then the case was transferred to the Court of learned Judge, Family Cou
rt, Kendrapara after establishment of the Family Court at Kendrapara. The mother of the petiti
oner namely Swarnalata Beura filed an application under section 24 of the Code of Civil Proced
ure before this Court which was registered as TRP(C) No. 12 of 2013 and accordingly, by virtue
of order dated 05.08.2015,
C.P. No. 1056 of 2009 was transferred from the Court of learned Judge, Family Court, Kendrapar
a to the Court of learned Judge, Family Court, Koraput at Jeypore. In support of such contenti
on, learned counsel for the petitioner files the copy of the order which is taken on record. H
e further submits that the petitioner met with a fatal accident in the month of July, 2010 and
he remained in hospital for a long period for further treatment and now the petitioner is sta
ying with his mother at Jaypore and it will be extremely difficult on his part to prosecute th
e 125 Cr.P.C. application at Kendrapara and therefore, in the fitness of things and for conven
ience of the petitioner, the proceeding which is pending in the Court of learned Judge, Family
Court, Kendrapara vide CRP No. 395 of 2013 should be transferred to the Court of learned Judg
e, Family Court, Koraput.
Considering the submissions made by the learned counsel for the petitioner and since t
he petitioner is a minor and he is now residing with his mother at Netaji Nagar, At/P.O./P.S.-
Similiguda in the district Koraput, I am of the view that in the interest of justice, the proc
eeding in CRP
No.395 of 2013 pending in the Court of learned Judge, Family Court, Kendrapara should be trans
ferred to the Court of learned Judge, Family Court, Koraput at Jeypore.
Accordingly, the prayer of the petitioner is allowed and the CRP No. 395 of 2013 pendi
ng in the Court of learned Judge, Family Court, Kendrapara is directed to be transferred to th
e Court of learned Judge, Family Court, Koraput at Jeypore.
On production of the certified copy of the order of this case, the learned Judge, Fami
ly Court, Kendrapara is directed to transfer the case to the Court of learned Judge, Family Co
urt, Koraput at Jeypore.
Copies of the order be sent to the concerned Family Courts at Kendrapara and Jeypore.
Accordingly, the TRPCRL is disposed of.
3
2 issues framed by the court
Whether CRP No. 395 of 2013 should be transferred from Family Court, Kendrapara to Family Court, Koraput for the convenience of the minor petitioner.
Whether the minor petitioner's residence with his mother in Koraput justifies the transfer proceedings.
1 provisions across 1 enactments
Petitioner (Son)
Opposite Party (Swarnalata Beura)
Unknown Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court