Allowed

Rakhi @ Khusi Dash@Behera v. Chinmaya Kumar Behera

Orissa HC19 Feb 2020TRP(C)/14/2020

Case brief

AI extract

What is this about?

In a transfer petition under Section 24 CPC, the court transferred the Supreme Court suit for annulment of marriage from Family Court, Sonepur to Family Court, Baragarh to expedite proceedings and balance convenience, directing the new court to conclude matters within six months.

What did the court decide?

Transfer of C.P. No. 99 of 2019 from Family Court, Sonepur to Family Court, Baragarh for further progress and disposal.

Rakhi @ Khusi Dash@Behera Vs Chinmaya Kumar Behera — Matrimonial and Divorce | Orissa HC (2020)

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TRP (C) No.14 of 2020

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03. 19.02.2020

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The petitioner by filing this application under section 24 of the Code of Civil Procedure has prayed for transfer of C.P. No. 99 of 2019 from Family Court at Sonepur to Family Court, Balangir.

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Learned counsel for the petitioner (wife) submits that it being a proceeding under section 12(1)(c) of Hindu Marriage Act for annulment of the marriage between the parties by a decree of nullity when the petitioner is residing at Bolangir, it would be extremely difficult on her part to proceed to Sonepur in defend the action. He further submits that keeping in view the nature of the proceeding and the evidence as would be lead in support of their rival claim, it would be of extreme inconvenience on the part of the petitioner in defending the action by going from Sonepur to Balangir for transfer of the proceeding from the court where it has been instituted to the Family Court at Balangir.

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Learned counsel for the opposite party (husband) submits that under compelling circumstances, the opposite party has initiated the proceeding when it has been found that there has been suppression of material facts concerning the petitioner at the time when the marriage proposal stood materialized and the marriage took place. He therefore submits that in view of the nature of the proceeding, undue hardship would be caused to the opposite party in prosecuting his case at Balangir where he has none to support and there is every likelihood that he would face

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difficulty in property leading evidence there. He therefore submits that if the petitioner does not feel it convenient to come to Sonepur to defend the case, the opposite party has no objection for transfer of the proceeding to the Family Court, Baragarh which stands on the midway.

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Considering the submission made and on going through the averments taken in the application under section 13(1)(c) of the Hindu Marriage Act, further keeping in view the attending circumstances; this Court is of the considered view that interest of justice would be better served if C.P. No. 99 of 2019 is transferred from the Family Court, Sonepur to the Family Court, Baragarh for its further progress and disposal in accordance with law. Accordingly, it is ordered that C.P. No. 99 of 2019 of the file of Family Court, Sonepur be transferred to the Family Court, Bargarh.

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It is further observed that the learned Family Court, Baragarh shall do well to proceed with the matter with expediency so as to conclude the proceeding in accordance with law as expeditiously as possible, preferably, within a period of six months from the date first appearance of the parties.

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In order to arrest the delay, parties are directed to appear in the Family Court, Baragarh on 24.03.2020 to receive further instruction in the matter.

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Copy of the order be communicated to both the courts forthwith for necessary action at their end so that the

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case record is dispatched from the original court for its receipt in the Family Court, Baragarh before 24.03.2020. The TRP(C) is accordingly disposed of. Urgent certified copy of the order be granted on proper application.

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………………….. D.Dash, J.

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Aks

Rakhi @ Khusi Dash@Behera v. Chinmaya Kumar Behera

Case brief

What is this about?

What did the court decide?

Rakhi @ Khusi Dash@Behera v. Chinmaya Kumar Behera

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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