Allowed

Seema Sahoo v. Satyananda Sahoo

Orissa HC30 Jan 2023TRP(C)/120/2018

Case brief

AI extract

What is this about?

This order allowed two transfer petitions seeking to move family court proceedings from Bhubaneswar to Jagatsinghpur due to the petitioner's residence and child's school there. The court directed the transfer and set a timeline for disposal while permitting the respondent to seek police protection for his appearance.

What did the court decide?

Transfer of C.P. No. 843 and 872 of 2017 from Bhubaneswar to Jagatsinghpur directed; disposal within 8 months; respondent permitted to seek police protection.

Seema Sahoo Vs Satyananda Sahoo — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.120 of 2018

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Seema Sahoo …. Petitioner
-versus-
….
Satyananda Sahoo Opposite Party
TRP(C) No.19 of 2019
Seema Sahoo & Anr. …. Petitioners
-versus-
….
Satyananda Sahoo Opposite Party
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
30.01.2023
Order No
20. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. S.R. Patanaik, learned counsel for the Petitioner and
Ms. Deepali Mohapatra, learned counsel appearing for the Opp.
Parties in both the cases.

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3. Both the Transfer Petitions have been filed by the Petitioner-wife seeking transfer of C.P. No. 872 of 2017 and C.P. No. 843 of 2017 from the Court of learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Jagatsinghpur on various grounds.

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// 2 //

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4. Learned counsel for the Petitioner contended that the Petitionerwife is residing at Jagatsinghpur along with her minor child and she is now prosecuting her study in Class V at Jagatsinghpur. Accordingly, learned counsel for the Petitioner contended that it is not possible on the part of the Petitioner to take part in the proceeding before the learned Judge, Family Court at Bhubaneswar in both the cases, which is around 75 k.ms. from her residence at Jagatsinghpur.

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5. Ms. Mohapatra, learned counsel appearing for the Opp. Party on the other hand contended that no justifiable ground has been taken by the Petitioner for transfer of the matter to the Court of learned Judge, Family Court at Jagatsinghpur and the prayer for transfer is not to be entertained.

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6. Having heard learned counsel for the Parties and taking into account the submissions made as well as the grounds made and the decisions governing the field, this Court is inclined to allow the prayer as made in both the transfer petitions. Accordingly, this Court directs learned Judge, Family Court, Bhubaneswar to transfer both the proceedings in C.P. No. 843 of 2017 and 872 of 2017 to the Court of learned Judge, Family Court, Jagatsinghpur forthwith on receipt of this order. However, it is observed that on transfer of the matter and on receipt of the notice from the transferee Court, the Petitioner-wife shall file her written statement within a period of one month without fail. It is also observed that the Petitioner-wife will cooperate for disposal of the matter and will not seek any adjournment during pendency of both the matters before the learned Judge, Family Court at Jagatsinghpur. Learned Family Judge, Jagatsinghpur is also directed to dispose of both the proceedings

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within a period of 8 (eight) months from the date of receipt of the records, if there is no other legal impediment.

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7. On the request made by Ms. Mohapatra, that the Opp. Partyhusband is apprehending danger to his life for his appearance at Jagatsinghpur, this Court permits the Opp. Party to move appropriate application before the local Police to give him protection for his appearance before the Court at Jagatsinghpur. If any such application is moved by the Opp. Party-husband before the local Police, the Opp. Party shall be given the required protection as permissible under law.

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8. With the aforesaid observation and directions both the transfer

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petitions are disposed of.

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(Biraja Prasanna Satapathy)
Judge
Sneha

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Seema Sahoo v. Satyananda Sahoo

Case brief

What is this about?

What did the court decide?

Seema Sahoo v. Satyananda Sahoo

Case brief

What is this about?

What did the court decide?

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