Allowed

Pranatee Behera v. Sankarsan Behera

Orissa HC30 Aug 2024TRP(C)/407/2023

Case brief

AI extract

What is this about?

The Court allowed the transfer application for MAT Case No.46/2023 from Civil Judge Kamakhya Nagar to Family Court Cuttack due to the petitioner's residence. The Court permitted virtual appearance and directed the lower court to proceed with notices.

What did the court decide?

Transfer of MAT Case No.46/2023 from Civil Judge Kamakhya Nagar to Family Court Cuttack allowed; virtual attendance permitted.

Pranatee Behera Vs Sankarsan Behera — Service and Employment | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.407 of 2023

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Pranatee Behera

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.....

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Petitioner

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Represented by Adv. – Mr. Sujit Lal

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-versus-

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Sankarsan Behera

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..... Opposite Party

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Represented by Adv.Mr.D. Tripathy

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CORAM:

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THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER

Order No.

30.8.2024.

This matter is taken up through hybrid mode.

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Heard learned counsel for the Petitioner and learned counsel for the Opposite Party.

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The mediation report indicates that mediation between the parties has failed. The transfer application is therefore taken up on merits.

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The Petitioner-wife seeks transfer of MAT Case No.46/2023 from the Court of learned Civil Judge, Senior Division, Kamakhya Nagar to the court of learned Judge, Family Court, Cuttack. Prayer for transfer has been made on the ground that the Petitioner is residing at Cuttack. As such, it would be difficult on her part to travel to Kamakhya Nagar in the

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Judgeship of Dhenkanal to attend the case on each date of its posting.

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Considering the submissions as above and the grounds cited for transfer of the case, I am inclined to allow the same. The transfer application is allowed. It is directed that the proceeding in MAT Case No.46/2023 pending in the court of learned Civil Judge, Senior Division, Kamakhya Nagar shall be transferred to the court of learned Judge, Family Court, Cuttack, for disposal in accordance with law.

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The learned Judge, Family Court, Cuttack shall, upon receipt of the records, issue notice of appearance to both parties and proceed thereafter.

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It shall be open to the Opposite Party-husband to seek necessary permission for appearing through virtual mode. Further, the Court below shall not insist upon personal attendance of the parties unless absolutely necessary.

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Urgent certified copy of this order be granted on proper application.

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(Sashikanta Mishra) AKB Judge

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Signature Not Verified

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Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 31-Aug-2024 15:23:25

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Pranatee Behera v. Sankarsan Behera

Case brief

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Pranatee Behera v. Sankarsan Behera

Case brief

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