Disposed

Sanjukta Mallick v. Prasanta Ku.Mallick

Orissa HC25 Aug 2021TRP(C)/199/2017

Case brief

AI extract

What is this about?

This order dismissed a transfer petition seeking transfer of a Section 9 application under the Hindu Marriage Act from Puri to Cuttack. The Court directed the Family Court to conduct one conciliation session and disposed of the petition with directions for cost indemnity if the petitioner needs to travel.

What did the court decide?

Transfer petition disposed; Family Court directed to conduct conciliation; Husband directed to deposit Rs.1000 per day travel indemnity if wife appears.

Sanjukta Mallick Vs Prasanta Ku.Mallick — Service and Employment | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

TRP(C) No.199 of 2017

¶3

Sanjukta Mallick

¶4

..... Petitioner

¶5

Mr.A.Das, Advocate

¶6

- Versus-

¶7

Prasanta Kumar Mallick

¶8

….. Opposite party Mr.A.K.Pradhan, Advocate

¶9

CORAM: JUSTICE BISWANATH RATH

ORDER

25.08.2021

Order No.

Heard learned counsel appearing for the parties.

¶15

2. This transfer petition at the instance of the wifepetitioner involves transfer of C.P.No.125 of 2017, an application under Section 9 of the Hindu Marriage Act, 1955.

¶16

During course of submission, Mr.Das, learned Counsel for the petitioner submitted that the wife-petitioner is not desirous to join the husband and therefore submits that there may not be any ultimate outcome in Section 9 proceeding.

¶17

For the consistent view that proceeding under Section 9 of the Hindu Marriage Act could not take much time for disposal, petitioner-wife is not showing interest to join the husband, this Court while permitting the wife-petitioner to file her response by way of an affidavit through Speed Post with A.D. or Registered Post with A.D. addressing to the Registry of the District Court, Puri with her contact number

¶18

therein within a period of ten working days hence. On production of such affidavit before the Family Court, Puri, the Family Court, Puri is directed to undertake one conciliation by fixing date with communication to both side and dependant on outcome therein to proceed final hearing of the Civil Proceeding No. 125 of 2017and close the proceeding by passing appropriate order at least within a period of four weeks thereafter. This Court here makes an observation, in the event the wife requires to move to Puri to attend the proceeding on the date fixed, the husband is directed to deposit a sum of Rs.1,000/- per day only on each date of her appearance at least two days prior to the date of posting of the proceeding and the amount be released in favour of the wife on filing of appearance memo on each date of posting. 5. With the aforesaid observation and direction the Transfer Petition stands disposed of. (BISWANATH RATH) JUDGE

Sanjukta Mallick v. Prasanta Ku.Mallick

Case brief

What is this about?

What did the court decide?

Sanjukta Mallick v. Prasanta Ku.Mallick

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yudhisthir Pradhan Vs State of Odisha

U.I.I.Co.Ltd. Vs Prafulla Kr. Mohanty

U.I.I.Co.Ltd. Vs Laxmidhar Routray

Sasmita Sahoo Vs Durga Pr.Sahoo

Nutana Das@Nitu Vs Pratik Panigrahi

Alok Mohanty Vs Shakambari Mulia