Sasmita Parida Vs Pravat Kumar Jena

This petition has been filed by the learned counsel appearing for the Petitioner under Section 24 read with Section151 of the Civil Procedure Code, 1988 for transfer of C.P. No.142 of 2024 filed under Section 10 of the Hindu Marriage Act, 1955 by the Opposite Party-husband, which is stated to be pending in the Court of the learned Judge, Family Court, Jajpur to the Court of the learned Judge, Family Court, Cuttack.

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Learned counsel appearing for the Petitioner submitted that the Petitioner-wife is residing at Cuttack with her father, who is working in a grocery shop on whom the Petitioner is dependent. Since Jajpur is more than 100 Kilometres from her residence, the Petitioner faces inconvenience in attending the Court Proceeding. Therefore, the aforesaid C.P. No.142 of 2024, which is stated to be pending in the Court of the learned Judge, Family Court, Jajpur requires to be transferred to the Court of the learned Judge, Family Court, Cuttack for convenience.

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3.1. Learned counsel appearing for the Petitioner further submitted that the Petitioner-wife has filed D.V. Misc. Case No.38 of 2024 before the Court of the learned J.M.F.C.III, Cuttack and also filed Criminal Proceeding No.107 of 2024 under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 at the behest of the Opposite Party-husband for grant of maintenance before the Court of the learned Judge, Family Court, Cuttack. Therefore, the transfer of C.P. No.142 of 2024 from the learned Judge, Family Court, Jajpur shall not cause any prejudice to the opposite party.

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Learned counsel appearing for the Opposite Party vehemently objected to the submission of the learned counsel appearing for the Petitioner and he submitted that the Petitionerwife is well educated, who has completed B. Pharm Course, and she can maintain herself. There cannot be any impediment for her to attend the Court at Jajpur.

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Heard learned counsel appearing for the Petitioner and learned counsel appearing for the Opposite Party. 6. Considered the averments and submissions advanced by learned counsel for the Petitioner and learned counsel for the Opposite Party. This Court takes into account the fact that the Petitioner has not been paid maintenance and unable to maintain herself and depends on her father. Furthermore, she has to travel around 200 Kilometres (to and fro) to attend the Court proceeding before the Court of the learned Judge, Family Court, Jajpur. It is felt appropriate to transfer the C.P. No.142 of 2024 from the Court of

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the learned Judge, Family Court, Jajpur to the Court of the learned Judge, Family Court, Cuttack.

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Accordingly, the C.P. No.142 of 2024 is directed to be transferred to the Court of the learned Judge, Family Court, Cuttack.

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Both the learned Judge, Family Court, Jajpur and the learned Judge, Family Court, Cuttack are directed to act upon the communication of this order or on production of certified copy of this order before them, whichever is earlier.

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With the aforesaid observation, the TRP(C) stands disposed of being allowed.

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Registry is instructed to communicate the said order to the Court of the learned Judge, Family Court, Jajpur as well as the learned Judge, Family Court, Cuttack forthwith.

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(M.S. Raman) Judge

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Laxmikant

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Signature Not Verified

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Mar-2025 15:38:44

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Sasmita Parida v. Pravat Kumar Jena

Case brief

What is this about?

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Sasmita Parida v. Pravat Kumar Jena

Case brief

What is this about?

What did the court decide?

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