Remanded

Prajna Priyadarshini Mahapatra v. Somnath Mishra

Orissa HC15 Feb 2024TRP(C)/240/2019

Case brief

AI extract

What is this about?

The High Court ordered the transfer of family court proceedings from Bhubaneswar to Sonepur as the wife petitioners faced more inconvenience than the respondent husband. The new court was directed to dispose of the case quickly while keeping settlement options open.

What did the court decide?

Transfer of proceedings in C.P. No. 449 of 2023 from Judge Family Court, Bhubaneswar to Judge Family Court, Sonepur.

Prajna Priyadarshini Mahapatra Vs Somnath Mishra — Property and Title | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No. 240 of 2019

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Prajna Priyadarshini Mahapatra … Petitioner

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Mr. A. Mishra, Advocate

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-versus-

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Somnath Mishra

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… Opposite party

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Mr. B. Pasayat, Advocate

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CORAM:

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JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

14.

15.02.2024 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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The prayer of the Petitioner in this application is for transfer of the proceeding in C.P. No.449 of 2019 titled as “ Somnath Mishra v. Prajna Priyadarshini Mahapatra ” pending in the file of learned Judge Family Court, Bhubaneswar to the file of learned Judge, Family Court, Sonepur on the ground of convenience of the Petitioner.

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Heard, Mr. A.Mishra, learned counsel for the Petitioner-wife and Mr. B. Pasayat, learned counsel for the OP-husband in the matter and perused the record. 4. After having considered the rival submissions and on going through the materials placed on record, it is not in dispute that the Petitioner is a housewife, whereas the OP-husband is a Railway employee and he is at present working in East Coast Railway at

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Macheswar, Bhubaneswar. The present dispute has got a checkered history and in the midst of the transfer application, there was an effort for mediation and conciliation between the parties and, accordingly, the OP-husband had taken the Petitioner-wife in his Company, but later on, the dissention persists and in the course of conciliation, the Petitioner-wife has not personally alleged against the OP-husband. However, on comparative assessment of inconvenience of the parties, the inconvenience of the wife in the circumstance deserves more consideration, inasmuch as the Petitioner-wife is a dependant lady, whereas OP-husband has got independent income from his service. Besides, both the parties are permanent resident of Sonepur Judgeship.

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In the aforesaid situation and taking into consideration the facts and circumstance of the case, this Court directs for transfer of the proceeding in C.P. No. 449 of 2023 titled as “ Somnath Mishra v. Prajna Priyadarshini Mahapatra ” from the file of learned Judge Family Court, Bhubaneswar to learned Judge, Family Court, Sonepur for disposal in accordance with law.

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At the request of the learned counsel for the OP-husband, it is directed that the learned Judge, Family Court, Sonepur shall do well to proceed with the case as expeditiously as possible after exhausting the statutory formalities and dispose of this case at the earliest. It is

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also made clear that the effort of settlement between the parties may be kept an option open by the learned Judge, Family Court, Sonepur before proceeding in the matter.

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A copy of this order be communicated to the learned Judge, Family Court, Bhubaneswar and learned Judge, Family Court, Sonepur for compliance.

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Priyajit

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(G. Satapathy)
Judge

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 16-Feb-2024 14:47:56

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Prajna Priyadarshini Mahapatra v. Somnath Mishra

Case brief

What is this about?

What did the court decide?

Prajna Priyadarshini Mahapatra v. Somnath Mishra

Case brief

What is this about?

What did the court decide?

What the court decided

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