Allowed¶19

Gayatri Sahoo@Lipina v. Manoranjan Das

Orissa HC2 May 2024TRP(C)/41/2024

Case brief

AI extract

What is this about?

TRP (C) No. 41 of 2024, Orissa High Court, Cuttack, decided 02.05.2024 by Justice Sashikanta Mishra. Wife's transfer petition allowed: matrimonial proceeding (Civil Proceeding No.552 of 2023) filed by husband under Section 9, Hindu Marriage Act transferred from Family Court, Bhubaneswar to Family Court, Khordha on grounds of wife's residence at village Kalapathar and financial hardship; mediation unsuccessful; transferee court to issue notice on receipt of records.

What did the court decide?

Transfer of Civil Proceeding No.552 of 2023 from the Court of the learned Judge, Family Court, Bhubaneswar to the Court of the learned Judge, Family Court, Khordha, with notice to the parties upon receipt of records; the TRP (C) disposed of accordingly. ¶19

Gayatri Sahoo@Lipina Vs Manoranjan Das — Matrimonial and Divorce | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the transfer application filed by the wife-petitioner seeking transfer of Civil Proceeding No.552 of 2023 from the Court of the learned Judge, Family Court, Bhubaneswar to the Court of the learned Judge, Family Court, Khordha should be allowed.

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Court's answer

Considering the rival submissions and the grounds cited for transfer, the transfer application is allowed and the proceeding in Civil Proceeding No.552 of 2023 pending in the Court of the learned Judge, Family Court, Bhubaneswar is directed to be transferred to the Court of the learned Judge, Family Court, Khordha.

¶19

Ratio / Principle

On receipt of the records, the learned Judge, Family Court, Khordha shall issue notice to the parties for their appearance and proceed thereafter in accordance with law.

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Detailed headnote1 paragraphs

Transfer Petition (Civil), High Court of Orissa at Cuttack (Justice Sashikanta Mishra): Allowed. The wife-petitioner sought transfer of Civil Proceeding No.552 of 2023, instituted by the husband-opposite party under Section 9 of the Hindu Marriage Act, from the Court of the learned Judge, Family Court, Bhubaneswar to the Court of the learned Judge, Family Court, Khordha, on the grounds that she is a permanent resident of village Kalapathar, which is nearer to Khordha, and that, absent financial assistance, travel to Bhubaneswar would be inconvenient for her. Mediation having become unsuccessful, and after considering the rival submissions, the Court directed that the proceeding stand transferred to Family Court, Khordha, where the learned Judge shall, on receipt of records, issue notice to the parties and proceed in accordance with law. The TRP (C) was disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP (C) No. 41 of 2024

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Gayatri Sahoo@Lipina …. Petitioner

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Represented by Mr. S. C. Rath, Advocate

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-Versus -

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Manoranjan Das

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…. Opposite Party

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Represented by Mr. B. Tripathy, Advocate

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CORAM: JUSTICE SASHIKANTA MISHRA

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ORDER_ 02.05.2024

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Order No.

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This matter is taken up through hybrid mode.

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The report of the Mediator shows that the mediation between the parties has become unsuccessful. The transfer application is therefore taken up for hearing.

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This is an application filed by the wife seeking transfer of Civil Proceeding No.552 of 2023 in the court of learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Khordha. Said case has been filed by the Opposite Party - husband under Section 9 of Hindu Marriage Act. It is stated that the petitioner-wife is a permanent resident of village Kalapathar, which is nearer to Khordha than Bhubaneswar. Further, in absence of any financial assistance she is maintaining herself with difficulty. Therefore, it would be inconvenient on her part travel to

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Page 1 of 2

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Bhubaneswar on the date of posting of the case.

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Mr. Tripathy, learned counsel appearing for the opposite partyhusband submits that the husband is always ready and willing to accept his wife but for the intervention by her family members, the dispute has continued unnecessarily. He further submits that for his client it would be inconvenient if case is transfer from Bhubaneswar to Khordha.

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After considering the rival submission, particularly the ground cited for the transfer of the proceeding, I am inclined to allow the same. The transfer application is allowed. It is directed that proceeding in Civil Proceeding No.552 of 2023 pending in the Court of learned Judge, Family Court, Bhubaneswar shall be transferred to the Court of learned Judge, Family Court, Khordha. On receipt of records, learned Judge, Family Court, Khordha shall issue notice to the parties for their appearance and proceed thereafter in accordance with law.

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The TRP (C) is disposed of accordingly.

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( Sashikanta Mishra) Judge

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B.C. Tudu

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Signature Not Verified

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Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 03-May-2024 18:58:53

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Gayatri Sahoo@Lipina v. Manoranjan Das

Case brief

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Gayatri Sahoo@Lipina v. Manoranjan Das

Case brief

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