The Family Court disposed of a transfer petition as infructuous because the husband withdrew the restitution of conjugal rights suit. The court vacated an interim order and allowed the wife to re-agitate the transfer if the husband defaults on his promise.
Transfer petition disposed as infructuous. Interim order of 03.01.2019 vacated.
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TRP(C) No.298 of 2018
Heard learned counsel for the petitioner and the learned counsel for the opposite party.
In this TRP(C) filed under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the C.P.C.” for brevity), the petitioner-wife has prayed for transfer of C.P. No.125 of 2018 from the court of the learned Judge, Family Court, Cuttack to the court of the learned Judge, Family Court, Sonepur.
The aforesaid Civil Proceeding was filed by the opposite party –husband for restitution of conjugal rights. However, at present, the opposite party-husband has come to a conclusion that it is not fruitful to pursue the petition for restitution of conjugal rights and, accordingly, through his Advocate he filed an affidavit to permit him to withdraw the C.P. No.125 of 2018. A copy of the said affidavit is filed in Court today. The same be kept on record.
In that view of the matter, this TRP(C) has become infructuous. Accordingly, the TRP(C) is disposed of as infructuous.
Interim order dated 03.01.2019 passed in I.A. No.328 of 2018 arising out of TRP(C) No.298 of 2018 stands vacated.
It is made clear that if the opposite party fails to fulfill his promise, in future date, the petitioner may agitate her prayer for transfer.
2
With such observations, the TRP(C) is disposed
of.
There shall be no orders as to costs. Urgent certified copy of this order be granted on proper application.
…………………….. S. K. Mishra, J.
BJ
1 issue framed by the court
Whether the transfer petition becomes infructuous upon withdrawal of the principal suit for restitution of conjugal rights.
1 provisions across 1 enactments
Petitioner-wife
Opposite party-husband
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
