Samar Naik v. Sanjukta Naik

TRPCRL No. 1 of 2018

06. 07.03.2019

Heard the learned counsel for the petitioners and learned counsel for the opposite party.

This is an application under section 407 of Cr.P.C. filed by the petitioners seeking transfer of D.V. Case No.150 of 2017 pending before the learned S.D.J.M., Bhubaneswar to the Court of learned Civil Judge -cumS.D.J.M., Baripada and C.P. Case No.209 of 2017 pending before the Court of learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Baripada.

Learned counsel for the petitioners submitted that though the opposite party was temporarily staying at Bhubaneswar when the cases were filed in Bhubaneswar Court but now she is residing at Baripada, Mayurbhanj and it will not be any difficulty for her if both the cases are transferred to Baripada for adjudication.

Learned counsel for the opposite party has no objection to such prayer.

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Considering the submissions made by the learned counsel for the respective parties and since the cases are arising out of matrimonial dispute and the opposite partywife is now staying at Baripada in the district of Mayurbhanj, I am inclined to accept the prayer and accordingly, it is directed to transfer D.V. Case No.150 of 2017 pending in the Court of learned S.D.J.M., Bhubaneswar to the Court of learned Civil Judge -cumS.D.J.M., Baripada and C.P. Case No.209 of 2017 pending before the learned Judge, Family Court, Bhubaneswar to