Single judge order applying Cr.P.C. Section 407. The court transferred a P.W.D.V. case from Jagatsinghpur to Cuttack to facilitate convenience for parties attending a pending maintenance proceeding in the Family Court at Cuttack.
Directed that Crl. Misc. Case No.49 of 2016 be transferred from S.D.J.M., Jagatsinghpur to S.D.J.M.(S), Cuttack for disposal.
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TRPCRL No. 12 of 2017
07. 18.04.2019
Heard the learned counsel for the petitioner and learned counsel for the opposite party.
In this application under section 407 of Cr.P.C., the petitioner has sought for transfer of Crl. Misc. Case No.49 of 2016 pending before the learned S.D.J.M., Jagatsinghpur to the Court of learned S.D.J.M.(S), Cuttack.
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It is stated by the learned counsel for the petitioner that the petitioner is the husband of the opp. party and he is now staying at Baripada and a maintenance proceeding was filed by the opp. party-wife vide CRP No.615 of 2008 in the Court of learned Judge, Family Court, Cuttack in which the petitioner has been directed to pay maintenance to the opp. party as well as their children and the petitioner has filed a petition to set aside that ex-parte order and the opp. party is also attending the Family Court, Cuttack to contest that petition. It is submitted that the Crl. Misc. Case No.49 of 2016 which is P.W.D.V. Act proceeding, if transferred from Jagatsinghpur to Cuttack, it would be convenient for both the parties and while attending the Court at Cuttack in connection with the CRP No.615 of 2018, they can also take steps in the P.W.D.V. Act proceeding and in case the proceeding is allowed to continue at Jagatsinghpur, it would be too difficult on the part of the petitioner to attend the Court there.
Learned counsel for the opp. party fairly submitted that in the maintenance proceeding which is sub-judiced at present at Family Court, Cuttack, the opp. party is attending the Court.
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Considering the submissions made by the learned counsels for the respective parties and since the maintenance proceeding is still continuing in the Family Court, Cuttack, for the convenience of both the parties and in the interest of justice, I am of the view that the Crl. Misc. Case No.49 of 2016 should be transferred from the Court of learned S.D.J.M., Jagatsinghpur to the Court of learned S.D.J.M.(S), Cuttack.
Accordingly, it is directed that Crl. Misc. Case No.49 of 2016 be transferred from the Court of learned S.D.J.M., Jagatsinghpur to the Court of learned S.D.J.M.(S), Cuttack for disposal in accordance with law.
A copy of the order be sent to the learned S.D.J.M., Jagatsinghpur so also to the learned S.D.J.M.(S), Cuttack. After receiving the order, the records of case be transmitted by the learned S.D.J.M., Jagatsinghpur to the learned S.D.J.M.(S), Cuttack who on receiving the same shall dispose of the proceeding as expeditiously as possible in accordance with law.
With the aforesaid observation, the TRPCRL is disposed of.
………………….. S. K. Sahoo, J.
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2 issues framed by the court
Whether the Criminal Miscellaneous case should be transferred from the court at Jagatsinghpur to Cuttack for convenience of parties considering pending maintenance proceeding at Cuttack?
Whether the convenience of attending Family Court in a pending maintenance case warrants transfer of the parallel proceeding?
1 provisions across 1 enactments
Petitioner
Opposite Party
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
