Namita Mohananda v. Tripati Mohananda
Case brief
What is this about?
Orissa High Court, Cuttack; TRP(C) No.148 of 2017; order dated 03.02.2025; M.S. Raman J. Wife's transfer petition seeking shift of husband's Section 13(1) Hindu Marriage Act, 1955 proceeding (C.P. No.106 of 2015) from Judge, Family Court, Jajpur to Judge, Family Court, Bhubaneswar, where wife's Section 18 Hindu Adoption and Maintenance Act case (C.P. No.222 of 2013) pends. Notice by Speed Post returned 'Addressee Left'; notice held sufficient (order dated 11.12.2024) relying on M/s. Madan & Co. v. Wazir Jaivir Chand (AIR 1989 SC 630), K. Bhaskaran (1999) 7 SCC 510, D. Vinod Shivappa (2006) 6 SCC 456, C.C. Alivi Haji (2007) 6 SCC 555, Ajeet Seeds (2014) 12 SCC 685. Transfer allowed on grounds of wife's age and hardship of attendance; expedited disposal within six months directed; petition disposed of as allowed.
What did the court decide?
Transfer petition allowed: C.P. No.106 of 2015 transferred from the Court of the Judge, Family Court, Jajpur to the Court of the Judge, Family Court, Bhubaneswar for disposal in accordance with law, with a direction to conclude the proceeding preferably within six months absent legal impediment; both Family Courts and the Registry directed to act on communication/certified copy of the order.