Allowed

Harapriya Panigrahi v. Ashish Ku.Mohini

Orissa HC27 Jul 2021TRP(C)/35/2020

Case brief

AI extract

What is this about?

In a transfer petition, the wife-petitioner seeking transfer of a pending divorce proceeding from Bhubaneswar to Rayagada. The court examined the petitioner's residence, unemployment, and difficulty in attending Bhubaneswar proceedings. The court observed that transferring the husband's case to Rayagada would resolve the difficulty and directly ordered the transfer along with timelines for record

What did the court decide?

Transferred C.P. No. 436 of 2019 from Family Court, Bhubaneswar to Family Court, Rayagada; mandated record transmission within two weeks and disposal within nine months.

Harapriya Panigrahi Vs Ashish Ku.Mohini — Matrimonial and Divorce | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.35 of 2020

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Harapriya Panigrahi

Petitioner

Mr.B.Jalli, Advocate

-versus-

Ashish Kumar Mohini

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…. Opposite Party

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Mr.S.S.Chaini, Advocate

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CORAM: JUSTICE BISWANATH RATH

ORDER

27.07.2021

Order No.

This matter is taken up through video conferencing mode.

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This transfer petition has been filed by the wife-petitioner seeking transfer of C.P. No. 436 of 2019 from the court of learned Judge, Family Court, Bhubaneswar to the court of learned Judge, Family Court, Rayagada.

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On perusal of the averments made in this petition and looking to the address of the wife in the proceeding initiated by the husband involving C.P. No. 436 of 2019, it appears, the husband has mentioned the address of the wife to be a resident at Bank colony Lane-II., Rayagada.

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Learned counsel for the petitioner referring to the grounds taken in this petition submitted that the petitioner is an unemployed lady and after being deserted by her husband she is staying with her parents and completely dependent on her parents income. The opposite party-husband

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filed a proceeding under Section 13(1) of the Hindu Marriage Act against the petitioner which is pending before the learned Judge, Family Court, Bhubaneswar. In the above background, it is difficult on her part for attending the proceeding pending in the Court of learned Judge, Family Court, Bhubaneswar.

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Considering the submission made on behalf of the wife-petitioner and the unemployed wife dependent on the parents being a resident at Rayagadas, this Court observes there would be no difficulty, if the case of the husband gets transferred from the learned Judge, Family Court, Bhubaneswar to the court of learned Judge, Family Court, Rayagada. In the process, this Court directs for transfer of the C.P. No. 436 of 2019 from the Court of learned Judge, Family Court, Bhubaneswar to the court of learned Judge, Family Court, Rayagada. On production of a copy of this order on the learned Judge, Family Court, Bhubaneswar within a period of seven days hence and on receiving this order, learned Judge, Family Court, Bhubaneswar shall transmit the case records involving C.P. No. 436 of 2019 within a period of two weeks thereafter to the court of learned Judge, Family Court, Rayagada. C.P. No. 436 of 2019 shall be disposed of within a period of nine months from the date of receipt of the brief.

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With the above observation and direction the Transfer Petition stands disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned Advocate, in

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K.K.Sahoo

the manner prescribed vide Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s notice No.4798, dated 15th April, 2021.

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(Biswanath Rath) Judge

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Harapriya Panigrahi v. Ashish Ku.Mohini

Case brief

What is this about?

What did the court decide?

Harapriya Panigrahi v. Ashish Ku.Mohini

Case brief

What is this about?

What did the court decide?

What the court decided

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