Dismissed

Alok Mohanty v. Shakambari Mulia

Orissa HC25 Aug 2021TRP(C)/155/2017

Case brief

AI extract

What is this about?

This court dismissed the husband's transfer petition in a Section 13 HMA divorce suit. Despite the husband's claim of blood cancer, the judge found he attends his job regularly and the ground for transfer was not satisfactory given the wife's vulnerable, unemployed, deserted status.

What did the court decide?

The transfer application is dismissed; the CPC file is remitted to the Family Court, Dhenkanal for disposal within six months.

Alok Mohanty Vs Shakambari Mulia — Orissa HC (2021) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP (C) No.155 of 2017

Alok Mohanty

Petitioner

Mr. D.Das, Advocate

-versus-

Shakambari Mulia …. Opposite Party Mr. A.K.Pattanaik, Advocate

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CORAM: JUSTICE BISWANATH RATH

ORDER

Order No.

25.08.2021

1. Heard learned counsel appearing for the parties

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2. This Transfer Petition has been filed by the husband-Petitioner seeking transfer of the C.P. No.54 of 2017 instituted at the instance of the wife under Section 13 of the Hindu Marriage Act from the Family Court, Dhenkanal to the Family Court, Cuttack solely on the premises that the husband-petitioner is suffering from blood cancer and unable to travel to such distance to fight the litigation being instituted by the wife.

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3. To the opposition, Mr.Pattanaik, learned counsel appearing for the wife while claiming that the wife is a deserted lady not only remains unemployed but also there is nobody else in the family except her old mother to look after her. Besides, in paragraph-16 of the objection, the wife has contended that in spite of such averment

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that petitioner, who is working as Senior Engineer under OTPCL, Cuttack is very much attending his job regularly and engaged in travelling and therefore may not have any difficulty to travel to Dhenkanal from Cuttack. Considering the incapacitiness of the wife and taking into account that the husband is employed and is very much attending his job, this Court finds the ground taken herein is not satisfactorily, for which this Court is not inclined to allow the transfer application, which is dismissed accordingly with vacation of interim order dated 30.06.2017 passed by this Court in Misc. Case No.152 of 2017. Considering C.P. is pending since 2017, same is targeted and to be disposed of within a period of six months from the date of receipt of certified copy of this order.

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(Biswanath Rath)
Judge

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Alok Mohanty v. Shakambari Mulia

Case brief

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Alok Mohanty v. Shakambari Mulia

Case brief

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