Allowed

Jyoti Kumari Ratha v. Tushar Kanta Ratha

Orissa HC10 Feb 2022TRP(C)/382/2021

Case brief

AI extract

What is this about?

The petitioner sought transfer of a MAT case from a Civil Court to the Family Court where a Section 125 maintenance case was pending to avoid conflicting proceedings. Despite finding the grounds unconvincing, the court allowed the transfer to ensure judicial convenience.

What did the court decide?

Transfer of MAT Case No.30 of 2021 from Civil Judge, Chhatrapur to Family Court, Berhampur.

Jyoti Kumari Ratha Vs Tushar Kanta Ratha — Matrimonial and Divorce | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.382 of 2021

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Jyoti Kumari Ratha

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Petitioner

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-versus-

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Tushar Kanta Ratha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

Order No.

ORDER 10.02.2022

This matter is taken up through hybrid mode.

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This petition has been filed by the Petitioner for transfer of MAT Case No.30 of 2021 instituted at the instance of the Opposite Party-husband from the file of the learned Civil Judge (Senior Division), Chhatrapur to the Court of Judge, Family Court, Berhampur.

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The grievance of the Petitioner is that the aforesaid MAT case filed before the Court of Civil Judge (Senior Division), Chhatrapur, which is pending, where the father-in-law of the present Petitioner is an employee. Another case filed under Section 125 of Cr.P.C., which is

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pending before the Judge, Family Court, Berhampur. Therefore, the Petitioner expects that the case may be lingered and she may not get justice. Hence, the aforesaid MAT case be transferred to the Court of Judge, Family Court, Berhampur where proceeding under Section 125 of Cr.P.C. is pending.

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Page 1 of 2

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// 2 //

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Though the grounds taken by the Petitioner are not convincing one, as the proceeding under Section 125 of Cr.P.C. is pending in the Court of Judge, Family, Court, Berhampur and this is a matrimonial dispute, this Court allows the prayer and directs that MAT Case No.30 of 2021 pending on the file of the learned Civil Judge (Senior Division), Chhatrapur be transferred to the Court of Judge, Family Court, Berhampur. Both the Courts shall do the needful on production

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of the certified copy of this order.

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However, the Opposite Party is at liberty to seek review of this order, if the proceeding under Section 125 of Cr.P.C. is not pending in the said court as on date.

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With the aforesaid order, this transfer petition stands disposed of.

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Urgent certified copy of this order be granted on proper application.

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(S. Pujahari) Judge

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Page 2 of 2

Jyoti Kumari Ratha v. Tushar Kanta Ratha

Case brief

What is this about?

What did the court decide?

Jyoti Kumari Ratha v. Tushar Kanta Ratha

Case brief

What is this about?

What did the court decide?

What the court decided

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