Allowed

Sumati Bag v. Sambhu Prasad Bishi

Orissa HC5 Oct 2021TRP(C)/296/2017

Case brief

AI extract

What is this about?

The High Court of Orissa transferred a matrimonial suit from the Court of Sr. Divn. Civil Judge Titilagarh to the Family Court Kalahandi Bhawanipatna because the petitioner-husband wife was unemployed deserted and unable to bear travel expenses. The Court directed the records be transmitted within two weeks and ordered the Family Court to attempt conciliation for at least two dates before expediti

What did the court decide?

Transfer of C.S. MAT No.79 of 2017 from Sr. Divn. Civil Judge Titilagarh to Family Court Kalahandi Bhawanipatna; directions for record transmission and conciliation.

Sumati Bag Vs Sambhu Prasad Bishi — Matrimonial and Divorce | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP (C) No.296 of 2017

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Sumati Bag

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Petitioner

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…. Mr. S. Pattnaik, Advocate

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-versus-

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Sambhu Prasad Bishi

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…. Opposite Party Mr. P. Chuli, Advocate

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CORAM: JUSTICE BISWANATH RATH ORDER 5.10.2021

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Order No.

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1. This Transfer Petition has been filed by the wife-Petitioner seeking transfer of the C.S. (MAT) No.79 of 2017 from the Court of learned Civil Judge (Sr. Divn.), Titilagarh to the Family Court, Kalahandi at Bhawanipatna.

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2. Learned counsel for the Petitioner submitted that since the wife being an unemployed and deserted lady, is residing with her parents in Kalahandi District and is also unable to bear the travelling expenses for attending the proceeding at Titilagarh and she, therefore, has filed this present petition for transfer of the C.S. (MAT) No.79 of 2017.

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3. Learned counsel for the sole Opposite Party, on the other hand, submitted that the husband has no objection, if the proceeding

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vide C.S. (MAT) No.79 of 2017 is transferred to the Family Court, Kalahandi at Bhawanipatna.

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4. Considering the submissions made on behalf of both the parties and since the wife is an unemployed and deserted lady, this Court directs for transfer of the C.S. (MAT) No.79 of 2017 from the Court of learned Civil Judge (Sr. Divn.), Titilagarh to the Family Court, Kalahandi at Bhawanipatna.

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5. Petitioner is directed to serve a copy of this order on the learned Civil Judge (Sr. Divn.), Titilagarh within a period of ten working days hence and on receiving this order, the learned Civil Judge (Sr. Divn.), Titilagarh shall transmit the case records involving C.S. (MAT) No.79 of 2017 within a period of two weeks thereafter, to the Court of learned Judge, Family Court, Kalahandi at Bhawanipatna for its doing the needful. For the nature of dispute between the parties, the learned Judge, Family Court, Kalahandi at Bhawanipatna 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, Kalahandi at Bhawanipatna shall proceed to dispose of the C.S. (MAT) No.79 of 2017 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 Civil Judge (Sr. Divn.), Titilagarh about transfer of the proceeding.

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6. Since this order is passed in presence of both the parties, this Court here records the undertaking of both the parties through their

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respective counsel that they will co-operate the learned Judge, Family Court, Kalahandi at Bhawanipatna in timely disposal of the proceeding vide C.S. (MAT) No.79 of 2017 and will not create any problem for each other in appearing in the proceeding at Bhawanipatna.

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7. It is further directed that if the husband-Opposite Party feels insecure in attending the proceeding at Bhawanipatna, it is open to him to file appropriate application before the learned Judge, Family Court, Kalahandi at Bhawanipatna 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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8. With the aforesaid direction the Transfer Petition stands disposed of.

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(Biswanath Rath) Judge

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A.K. Jena

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Sumati Bag v. Sambhu Prasad Bishi

Case brief

What is this about?

What did the court decide?

Sumati Bag v. Sambhu Prasad Bishi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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