Allowed

Ch. Sarita Achary v. Ch. Satya Prakash Achary

Orissa HC28 Jan 2021TRP(C)/189/2020

Case brief

AI extract

What is this about?

A private transfer application was filed praying for moving a matrimonial case from the Civil Judge, Aska, to the Family Court, Berhampur. The court allowed the application, citing the petitioner's difficulty in attending court remotely and apprehension of danger, directing the transfer of thecase.

What did the court decide?

Direction to transfer MAT Case No.18 of 2020 from the Civil Judge, Aska, to the Judge, Family Court, Berhampur.

Ch. Sarita Achary Vs Ch. Satya Prakash Achary — Matrimonial and Divorce | Orissa HC (2021)

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TRP(C) No.189 of 2020

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I.A. No.10 of 2021

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04. 28.01.2021 This matter is taken up through video conferencing because of COVID-19.

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Heard Mr. Jyotirmaya Sahoo, learned counsel for

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the petitioner and Mr. Mihir Sahoo for the opposite party.

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This application has been filed for correction of the

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cause title of the transfer petition.

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Learned counsel for the petitioner is permitted to make necessary corrections in the cause-title of the transfer petition. A consolidated cause-title of the petition be filed by Monday (01.02.2021).

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The I.A. is disposed of accordingly.

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…………..…..……

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P. Patnaik, J.

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TRP(C) No.189 of 2020

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05. 28.01.2021

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Heard.

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This application has been filed by the petitioner under Section 24 of the Civil Procedure Code praying for transfer of the MAT Case No.18 of 2020 pending in the court of learned Civil Judge (Sr. Division), Aska to the court of learned Judge, Family Court, Berhampur.

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It is the case of the petitioner that she is legally married wife of the opposite party. After marriage both the spouses remained peacefully only for a few days in the house of the opposite party. During stay of the petitioner with the opposite party, she conceived and during her carrying stage, the opposite party took all her care. With blessing of God, one daughter was born out of their wed-lock. Out of quarrel, the petitioner left the house of the opposite party. The opposite party filed an application under Section 9 of the Hindu Marriage

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Act before the learned Civil Judge (Sr. Division), Aska bearing MAT Case No.18 of 2020.

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The petitioner further avers in the petition that the opposite party with an ulterior motive and mala fide intention by stating falsehood has filed an application under Section 9 of the Hindu Marriage Act, 1955 against the petitioner-wife in the court of learned Civil Judge (Sr. Division), Aska bearing MAT Case No.18 of 2020.

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It is submitted by learned counsel for the petitioner that the petitioner is staying with no relations with her and it would be difficult on her part to attend the court at Aska along with her minor daughter, which is around 40 kilometers away from the place where she is residing and the petitioner-wife is apprehending serious danger to her life from the side of the opposite party and also due to financial stringency and present difficulties due to the Covid-19 pandemic, it is very difficult on the part of the petitioner to attend the court of learned Civil Judge (Sr. Division), Aska to contest the proceeding.

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Both the parties have agreed for transfer the case from the court of learned Civil Judge (Sr. Division), Aska to the court of learned Judge, Family Court, Berhampur.

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Regard being heard to the inconvenience on the part of the petitioner-wife which is the paramount consideration and it would be appropriate to transfer MAT Case No.18 of 2020 from the file of learned Civil Judge (Sr. Division), Aska to the court of learned Judge, Family Court, Berhampur.

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In the aforesaid circumstances, this Court allows this application and directs to transfer the MAT Case No.18 of 2020 in the file of learned Civil Judge (Sr. Division), Aska to the court of learned Judge, Family Court, Berhampur.

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The TRP(C) is disposed of accordingly.

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As restrictions are continuing due to COVID-19 pandemic, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No. 4587 dated 25.03.2020.

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…………..…..…… P. Patnaik, J.

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Ch. Sarita Achary v. Ch. Satya Prakash Achary

Case brief

What is this about?

What did the court decide?

Ch. Sarita Achary v. Ch. Satya Prakash Achary

Case brief

What is this about?

What did the court decide?

What the court decided

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