The court transferred an execution proceeding from the Family Court, Jajpur, to the Family Court, Cuttack, finding both the petitioner and respondent resident in Cuttack for convenience.
Transfer of execution proceeding No.32 of 2012 from Family Court, Jajpur to Family Court, Cuttack.
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TRPCRL No. 95 of 2016
04. 07.03.2019
Heard the learned counsel for the petitioner.
In this application under section 407 of Cr.P.C., the petitioner-wife has sought for transfer of Criminal Proceeding (Execution) No.32 of 2012 arising out of Criminal Proceeding No. 13 of 2011 pending before the learned Judge, Family Court, Jajpur to the Court of learned Judge, Family Court, Cuttack.
Learned counsel for the petitioner submitted that the petitioner is now serving as a staff nurse in Acharya Harihar Regional Cancer Centre, S.C.B. Medical College and Hospital, Cuttack and the opposite party is also a permanent resident of village Tinigharia under Madhupatana police station in the district of Cuttack and at the present he is posted as a pharmacist in KIMS, KIIT University, Bhubaneswar, Khurda and for the convenience of both the parties, the case be transferred from the Jajpur to Cuttack.
In spite of valid service of notice on the opposite party, none appears on his behalf.
skb
After going through the averments taken in the application and hearing the learned counsel for the petitioner and since both the petitioner and the opp. party are now staying at Cuttack, I direct the execution proceeding vide Criminal Proceeding (Execution) No.32 of 2012 arising out of Criminal Proceeding No. 13 of 2011 pending before the learned Judge, Family Court, Jajpur be transferred to the Court of learned Judge, Family Court, Cuttack for disposal in accordance with law.
2
With the aforesaid observation, the TRPCRL is disposed of.
………………….. S. K. Sahoo, J.
3
1 issue framed by the court
Whether the execution proceeding pending before Family Court, Jajpur should be transferred to Family Court, Cuttack for the convenience of both parties.
1 provisions across 1 enactments
Petitioner-wife
Opposite party
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
