Kola Sarita [email protected] v. Subrat Ku.Patra
Case brief
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HIGH COURT OF ORISSA AT CUTTACK TRP(C)…
HIGH COURT OF ORISSA AT CUTTACK TRP(C)…
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IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.149 of 2018
Kola Sarita Patra @ K. Sarita
Petitioner
-versus-
Subrat Ku. Patra
…. Opposite Party
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
10.02.2023
Order No
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard Mr. B.P. Das, learned counsel for the Petitioner and Mr. B. Sahoo, learned counsel appearing for the Opp. Party.
3. Pursuant to the order passed by this Court on 01.02.2023, learned counsel appearing for the Opp. Party contended that the Opp. Party at best can pay a sum of Rs.4,00,000/- (Rupees Four lakhs) towards permanent alimony.
4. Mr. Das, learned counsel for the Petitioner contended that unless and until the Opp. Party agrees to pay permanent alimony of Rs.17,00,000/- (Rupees Seventeen lakhs), petitioner is not ready to go for a compromise decree of divorce. Mr. Das also contended that the distance in between Gunpur to Sonepur is more than 305 K.ms. and since the Petitioner is a lady with having a minor son aged about 9 years, it is not possible on her part to appear before the Court at Sonepur on each and every date.
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5. Mr. Sahoo, learned counsel appearing for the Opp. Party on the other hand contended that in the proceeding in question the Petitioner not only appeared, but also filed a written statement and he has deposed as D.W. 1. Because of the interim order passed by this Court, the proceeding is not being proceeded further.
6. Having heard learned counsel for the Parties and taking into account the status of the proceeding at present and the difficulty of the Petitioner in attending the Court at Sonepur, this Court is inclined to allow the prayer for transfer. While allowing the prayer, this Court directs learned Family Judge, Sonepur however to transfer the case record to the Court of learned Family Judge, Rayagada forthwith on receipt of this order. Since it is not disputed that the proceeding is at the stage of hearing, this Court directs learned Family Judge, Rayagada to dispose of the proceeding within a period of six (6) months from the date of receipt of this order. It is also observed that the Petitioner shall not take any unnecessary adjournment and will cooperate for disposal of the matter within the time stipulated by this Court.
7. The transfer petition is disposed of accordingly.
(Biraja Prasanna Satapathy) Judge
Sneha
Page 2 of 2
Kola Sarita Patra @ K. Sarita
Subrat Ku. Patra
Biraja Prasanna Satapathy
As recorded by the court registry
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