Allowed

Swastisuman Priyadarsini v. Abinash Barik

Orissa HC19 Dec 2024TRP(C)/326/2024

Case brief

AI extract

What is this about?

The Court allowed a transfer petition to move a matrimonial case from Family Court, Bhubaneswar to Family Court, Jagatsinghpur, despite the respondent's objection citing safety threats. The Court also permitted an amendment to the petition to correct venue details and directed the transfer of records.

What did the court decide?

Transfer of proceedings from Family Court, Bhubaneswar to Family Court, Jagatsinghpur allowed.

Swastisuman Priyadarsini Vs Abinash Barik — Civil Procedure and Limitation | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.326 of 2024

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Swastisuman Priyadarsini

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Petitioner

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Mr. K. Gaya, Advocate

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-versus-

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Abinash Barik

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…. Opposite Party

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Mr. S. Pattnaik, Advocate

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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ORDER

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19.12.2024 I.A. No.428 of 2024

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Order No. 03.

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This matter is taken up through hybrid mode.

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2. This I.A. has been filed for amendment in para-8 of the transfer petition, in which typographical errors have been crept in to transfer the case from “Judge, Family Court, Jagatsinghpur to Judge, Family Court, Cuttack” instead of “Judge, Family Court, Bhubaneswar to Judge, Family Court, Jagatsinghpur”. 3. The prayer for amendment in para-8 of the transfer petition made in the I.A. is allowed. 4. The consolidated transfer petition be filed by Monday for the purpose of record.

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5. Accordingly, the I.A. stands disposed of.

JUDGE

(S.K. MISHRA)

04.

TRP(C) No.326 of 2024

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1. Heard learned Counsel for the Petitioner.

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2. This Transfer Petition has been filed by the Petitioner-wife, for transfer of proceeding in C.P. No.1026 of 2022, pending in the Court of Judge, Family Court, Bhubaneswar, to the Court of Judge, Family Court, Jagatsinghpur for trial.

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3. Though no written objection has been filed opposing to such prayer, Mr. Pattnaik, learned Counsel for the Opposite Party appears through virtual mode and opposes to such prayer saying that if the Opposite Party, who is the Petitioner in C.P. No.1026 of 2022, is forced to appear before the Judge, Family Court, Jagatsinghpur, there is threat to his life and hence, the prayer made by the Petitioner-wife should not be allowed.

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4. However, in view of the reasons detailed in the Transfer Petition, so also settled position of law, the prayer made in the Transfer Petition stands allowed. The Transfer Petition is disposed of directing the Judge, Family Court, Bhubaneswar, to transmit the case record in C.P. No.1026 of 2022 to the Court of Judge, Family Court, Jagatsinghpur, at the earliest.

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5. On receiving the case record in C.P. No. 1026 of 2022 from the Court of Judge, Family Court, Bhubaneswar, the Judge, Family Court, Jagatsinghpur shall re-register the said case, if so required, and proceed further in accordance with law giving due

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opportunity to both the parties and conclude the said proceeding at the earliest

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6. It is made clear that both the parties will be at liberty to appear before the Judge, Family Court, Jagatsinghpur 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 shall remain physically present before the Judge, Family Court, Jagatsinghpur.

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7. Office is directed to communicate a copy of this order to the Judge, Family Court, Bhubaneswar so also the Judge, Family Court, Jagatsinghpur enabling the said Courts to act in terms of the observation made above.

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8. 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: 24-Dec-2024 15:16:03

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Swastisuman Priyadarsini v. Abinash Barik

Case brief

What is this about?

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Swastisuman Priyadarsini v. Abinash Barik

Case brief

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