Allowed

Swagatika Mohapatra v. Ashok Kumar Nayak

Orissa HC18 Dec 2024TRP(C)/298/2024

Case brief

AI extract

What is this about?

The petitioner, a wife, sought transfer of matrimonial proceedings from the Family Court at Mayurbhanj to Cuttack. The opposite party remained unrepresented. The Court allowed the petition, directing the Mayurbhanj court to transmit records to Cuttack for continued trial.

What did the court decide?

Transfer of case record from Family Court, Mayurbhanj to Family Court, Cuttack for trial.

Swagatika Mohapatra Vs Ashok Kumar Nayak — Matrimonial and Divorce | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.298 of 2024

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Swagatika Mohapatra …. Petitioner Mr. S.R. Rout, Advocate

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-versus-

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Ashok Kumar Nayak

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…. Opposite Party

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None

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CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

18.12.2024

Order No. 03.

This matter is taken up through hybrid mode.

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2. Heard learned Counsel for the Petitioner.

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3. This Transfer Petition has been filed by the Petitionerwife, for transfer of proceeding in C.P. Case No.102 of 2024, pending in the Court of Judge, Family Court, Mayurbhanj, Baripada to the Court of Judge, Family Court, Cuttack for trial.

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4. Despite notice, the Opposite Party goes unrepresented.

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5. In view of the reasons detailed in the Transfer Petition, so also settled position of law, the said prayer stands allowed. The transfer petition is disposed of directing the Judge, Family Court, Mayurbhanj, Baripada to transmit the case record in C.P. Case No.102 of 2024 to the Court of Judge, Family Court, Cuttack, at the earliest.

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6. On receiving the case record in C.P. No. 102 of 2024 from the Court of Judge, Family Court, Mayurbhanj, Baripada, the Judge, Family Court, Cuttack shall reregister the said case, if so required, and proceed further in

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accordance with law giving due opportunity to both the parties and conclude the said proceeding at the earliest. 7. It is made clear that both the parties will be at liberty to appear before the Judge, Family Court, Cuttack through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court. However, on the dates of effective hearing i.e for examination and cross-examination of witnesses and any other purposes, if so required by the Court, the parties with their witnesses shall remain physically present before the Judge, Family Court, Cuttack.

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8. Office is directed to communicate a copy of this order to the Judge, Family Court, Mayurbhanj, Baripada so also the Judge, Family Court, Cuttack enabling the said Courts to act in terms of the observation made above.

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9. Urgent certified copy of this order be granted on proper application as per rules.

(S.K. MISHRA)

JUDGE

Banita

Signature Not Verified

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Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 20-Dec-2024 15:04:00

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Swagatika Mohapatra v. Ashok Kumar Nayak

Case brief

What is this about?

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Swagatika Mohapatra v. Ashok Kumar Nayak

Case brief

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What did the court decide?

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