The applicant sought transfer of a matrimonial proceeding from the Family Court, Boudh, to the Family Court, Berhampur, alleging a relationship dispute. The court found no compelling reason for transfer and dismissed the application.
The application seeking transfer of the civil proceeding between the two family courts stands dismissed.
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TRP (C) No.6 of 2020
2. 17.01.2020
This is an application under section 24 of the Code of Civil Procedure, 1908 read with section 10 of the Family Courts Act, 1984 seeking transfer of Civil Proceeding No. 67 of 2019 pending in the court of learned Judge, Family Court, Boudh to the court of learned Judge, Family Court, Berhampur.
The opposite party no. 1 being the husband of the opposite party no. 2 has initiated the above noted civil proceeding under the provision of Special Marriage Act for dissolution of his marriage with the opposite party no.2.
This petitioner has been arraigned in the said proceeding as opposite party no. 2 for the reason that the ground in support of the divorce as has been taken by the opposite party no. 1 concerns with the alleged relationship of this petitioner and the opposite party no.2.
Heard learned counsel for the petitioner.
Considering the submission made and on going through the averments taken in the petition as well as the documents annexed thereto, in the facts and circumstances of the case; this Court finds no such compelling or justifiable reason to entertain the application.
Accordingly, the writ application stands dismissed.
………………….. D.Dash, J.
Aks
1 issue framed by the court
Whether to order transfer of Civil Proceeding No. 67 of 2019 from Family Court, Boudh to Family Court, Berhampur under Section 24 CPC read with Section 10 of Family Courts Act.
2 provisions across 2 enactments
Petitioner (Opposite Party No. 2)
D.Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
