Partly allowed

Smt.Narmada Behera v. Susanta Ku.Behera

Orissa HC4 Apr 2019TRPCRL/70/2013

Case brief

AI extract

What is this about?

On an application under section 407 Cr.P.C. filed under the Protection of Women from Domestic Violence Act, 2005, the Court transferred a pending case from Kendrapara to the Court in Cuttack. The transfer was granted to assist a destitute petitioner residing in Cuttack, causing no inconvenience to the opposite party. The lower court was directed to send records to Cuttack.

What did the court decide?

Application under section 407 Cr.P.C. allowed. Mis. Case No.86 of 2010 transferred from S.D.J.M., Kendrapara to S.D.J.M.(Sadar), Cuttack.

Smt.Narmada Behera Vs Susanta Ku.Behera — Service and Employment | Orissa HC (2019)

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TRPCRL No.70 of 2013

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04.04.2019

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Smt. Narmada Behera … Petitioner -Vrs.Susanta Kumar Behera & Others … Opp. Parties

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Heard learned counsel for the petitioner and learned counsel for the opposite parties.

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In this application under section 407 of Cr.P.C., the petitioner Smt. Narmada Behera who is the wife of opposite party no.1 Susanta Kumar Behera has sought for transfer of Misc. Case No.86 of 2010 which is a proceeding under the Protection of Women from Domestic Violence Act, 2005 (hereafter ‘P.W.D.V. Act’) pending in the Court of learned S.D.J.M., Kendrapara to the Court of learned S.D.J.M.(Sadar), Cuttack.

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It is submitted by the learned counsel for the petitioner that the petitioner is a destitute lady and she was tortured by the opposite parties for which she filed the application under section 12 of the P.W.D.V. Act for maintenance and other reliefs which is subjudiced in the Court of learned S.D.J.M., Kendrapara in Misc. Case No.86 of 2010. It is further submitted that due to financial difficulty, the petitioner is now staying with her brother at Ranihat, Cuttack and it would be extremely difficult on her part to attend the Court at Kendrapara to prosecute the P.W.D.V. Act proceeding. It is further submitted that the opposite party no.1 is serving at Angul in the Smelter Plant and it would also not be inconvenient for him to attend the Court at Cuttack and therefore, for the convenience of the parties, the case be

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transferred from Kendrapara to Cuttack.

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Learned counsel for the opposite parties has no serious objection.

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Section 27 of the P.W.D.V. Act, inter alia, states that the Court of Judicial Magistrate of the First Class within the local limits of which the person aggrieved permanently or temporarily resides or carries on business or is employed or the cause of action has arisen, shall be the competent Court to grant a protection order and pass other orders under the Act and to try offences under the Act.

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Since the petitioner is at present residing at Cuttack which is not disputed by the learned counsel for the opposite parties and it would be difficult on her part to pursue the proceeding at Kendrapara which is more than 60 kms. away and it would also not be inconvenient to the opposite party no.1 if the case is transferred to Cuttack, in the interest of justice and equity, I am inclined to accept the prayer made in this application and direct that the Misc. Case No.86 of 2010 pending in the Court of learned S.D.J.M., Kendrapara be transferred to the Court of learned S.D.J.M.(Sadar), Cuttack for disposal in accordance with law.

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A copy of the order be sent to the Court of learned S.D.J.M., Kendrapara who on receipt of the order shall send the case records of Misc. Case No.86 of 2010 to the Court of the learned S.D.J.M. (Sadar), Cuttack. Another copy of the order be sent to the learned S.D.J.M. (Sadar), Cuttack, who on receipt of the case records from the Court of learned

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S.D.J.M., Kendrapara shall dispose of the case in accordance with law.

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With the aforesaid observation, the TRPCRL is disposed of.

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�� S.K. Sahoo, J.

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Smt.Narmada Behera v. Susanta Ku.Behera

Case brief

What is this about?

What did the court decide?

Smt.Narmada Behera v. Susanta Ku.Behera

Case brief

What is this about?

What did the court decide?

What the court decided

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