Dr. Pritam Kumar Panda Vs Rajeswari Dash

3. Learned Counsel for the Petitioner submits, despite service of notice and giving opportunity to contest this case, the Opposite Party is yet to appear in this case.

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4. Learned Counsel for the Petitioner further submits, though stay granted by this Court vide order dated 07.11.2024 was produced before the Court below in Crl. Pro. No.102 of 2024 and the present Opposite Party is well aware about pendency of this Transfer Petition, intentionally she is avoiding to appear in this case. Accordingly, he presses for hearing and passing appropriate order.

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5. Apart from the same, drawing attention of this Court to the averments made in paragraph-4 of the Transfer Petition, learned Counsel for the Petitioner further submits, the Petitioner filed C.P. No.661 of 2023 under section 13 of the

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Hindu Marriage Act for dissolution of marriage between the parties, which is now pending in the Court of Judge, Family Court, Cuttack. Being noticed, the present Opposite Partywife has already rendered appearance in C.P. No.661 of 2023 and is contesting the said Petition. In the said case, the evidence from the side of the Petitioner-Husband is over.

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6. Though it has not been averred in the Transfer Petition, learned Counsel for the Petitioner further submits, as per the instruction received, the Opposite Party-wife, at present is residing at CDA, Cuttack. Since she is residing at CDA, Cuttack and contesting the C.P. No.661 of 2023, now pending in the Court of Judge, Family Court, Cuttack, it would be easier for her to appear in Crl. Pro. No.102 of 2024 before the same Court, where the C.P. No.661 of 2023 is sub-judice.

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7. In view of the reasons detailed in the Transfer Petition so also the submission made by the learned Counsel for the Petitioner, the prayer made in the Transfer Petition is allowed. 8. The Judge, Family Court, Jajpur is directed to transmit the case record in Crl. Pro. No.102 of 2024 to the Court of Judge, Family Court, Cuttack at the earliest, preferably within a period of one week from the date of production of the certified copy of this order.

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9. On receiving the case record in Crl. Pro. No.102 of 2024 from the Court of Judge, Family Court, Jajpur, the Judge, Family Court, Cuttack shall re-register the said case, if so required and, thereafter, shall proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest.

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10. It is made clear that parties will be at liberty to appear before the Judge, Family Court, Cuttack through virtual

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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 so also other purposes, if any, for which their presence will be required by the Court, the parties shall remain physically present before the Judge, Family Court, Cuttack.

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11. Since the Petitioner has already rendered appearance in Crl. Pro. No.102 of 2024 and at his instance the proceeding is transferred to Cuttack, the Petitioner is directed to make a query as to the next date of posting and purpose of posting and attend the said proceeding and cooperate with the Court for early disposal of the same.

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12. Since this order is passed in absence of the Opposite Party-wife, liberty is granted to file appropriate application for modification of this order, if it is subsequently found that any fact detailed in the transfer petition so also submission made by the learned Counsel for the Petitioner is incorrect.

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13. With the said observation and direction, the Transfer Petition stands disposed of.

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

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

(S.K. Mishra)

Kanhu

Judge

Signature Not Verified

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Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 06-Dec-2024 16:55:18

Dr. Pritam Kumar Panda v. Rajeswari Dash

Case brief

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Dr. Pritam Kumar Panda v. Rajeswari Dash

Case brief

What is this about?

What did the court decide?

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