Partly allowed

Nutana Das@Nitu v. Pratik Panigrahi

Orissa HC25 Aug 2021TRP(C)/187/2017

Case brief

AI extract

What is this about?

A transfer petition filed by a deserted wife to shift civil proceedings from the Family Court at Bhubaneswar to Berhampur was allowed. The court noted the wife's residence and employment status, ordered transfer, and directed the new court to pursue conciliation before adjudication.

What did the court decide?

The Civil Proceeding No.841 of 2016 was transferred from the Family Court, Bhubaneswar to the Family Court, Berhampur, with a direction to pursue conciliation.

Nutana Das@Nitu Vs Pratik Panigrahi — Civil Procedure and Limitation | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP (C) No.187 of 2017

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Nutana Das@ Nitu …. Petitioner
Mr. G.K.Behera,
Advocate
-versus-
….
Pratik Panigrahi Opposite Party
Ms. T.Sethi,
Advocate
CORAM:
JUSTICE BISWANATH RATH
ORDER
25.08.2021
Order No.

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Heard learned counsel for the parties.

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2. This Transfer Petition has been filed by the wife-Petitioner seeking transfer of the C.P. No.841 of 2016 from the Family Court, Bhubaneswar to the Family Court, Berhampur.

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3 . Learned counsel for the Petitioner submitted that since the wife being an unemployed and deserted lady, is residing with her parents in Ganjam District she, therefore, has filed this present petition for transfer of the C.P. No.841 of 2016.

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4 . Learned counsel for the sole Opposite Party, on the other hand, submitted that there is suppression of material fact and since there is threat to the life of the husband, the matter may not be transferred to Berhampur.

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5 . Be that as it may, since the wife is an unemployed and deserted lady and that the husband knowing fully well has given the address of the wife to be a resident of Ganjam District in C.P. No.841 of 2016, this Court observes, there would be no difficulty, if the case of the husband gets transferred to the Family Court, Berhampur, rather it would be convenient for wife-petitioner to attend the proceeding at Berhampur. In the process, this Court directs for transfer of the C.P. No.841 of 2016 from the Family Court, Bhubaneswar to the Family Court, Berhampur.

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6 . Petitioner is directed to serve a copy of this order on the learned Judge, Family Court, Bhubaneswar within a period of ten working days hence and on receiving this order, the learned Judge, Family Court, Bhubaneswar shall transmit the case records involving C.P. No.841 of 2016 within a period of two weeks thereafter, to the Court of learned Judge, Family Court, Berhampur for its doing the needful. For the nature of dispute between the parties, the learned Judge, Family Court, Berhampur is also directed to have settlement/ conciliation process between the parties for at least two dates. In the event of failure of conciliation, the learned Judge, Family Court, Berhampur shall proceed to dispose of the C.P. No.841 of 2016 as expeditiously as possible preferably within a period of nine months from the date of transmission of the records. Both the parties are also directed to bring the order of this Court to the notice of the learned Judge, Family Court, Berhampur about transfer of the proceeding.

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7 . Since this order is passed in presence of both the parties, this Court here records the undertaking of both the parties through their respective counsel that they will co-operate the learned Judge,

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Family Court, Berhampur in timely disposal of the Civil Proceeding and will not create any problem for each other in appearing in the proceeding at Berhampur.

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8 . It is further directed that if the husband-Opposite Party feels insecure in attending the proceeding at Berhampur, it is open to him to file appropriate application before the learned Judge, Family Court, Berhampur and the same shall be considered and disposed of giving opportunity of hearing to both the parties and also entering into necessary inquiry and if required, necessary protection may be provided to the husband-Opposite Party.

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Interim order dated 17.07.2017 passed by this Court in Misc. Case No.192 of 2017 stands vacated. 10 . With the aforesaid direction the Transfer Petition stands disposed of. (Biswanath Rath) Judge

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Nutana Das@Nitu v. Pratik Panigrahi

Case brief

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Nutana Das@Nitu v. Pratik Panigrahi

Case brief

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