Taruni Bag Vs Chudamani Bag

This Transfer Petition (Civil) has been filed by the Petitioner-wife seeking transfer of M.A.T. Suit No.39 of 2023 filed under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights at the instance of the Opposite Party-husband in the Court of the Civil Judge (Senior Division), Titlagarh, to the Court of the learned Judge, Family Court-II, Bhubaneswar where the petitioner-wife has been pursuing Criminal Proceeding No.276 of 2022 filed under Section 125 of the Code of Criminal Procedure, 1973.

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Pursuant to the order of this Court dated 06.02.2025, the learned Civil Judge (Senior Division)- cum -Asst. Sessions Judge, Titlagarh furnished the status report vide Letter No.233 dated 15.02.2025, relevant portion of which reads as thus:-

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“xxxxx xxxxxx xxxxxx

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On 15.05.2023 the plaintiff namely Chudamani Bag filed

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an application U/s.9 of Hindu Marriage Act against Taruni Bag. The Suit was admitted on 02.08.2023. On 26.09.2023 the defendant through her counsel appeared. On 07.12.2023, copy of the order No.2 dtd. 30.11.2023 passed in I.A. No.378/2023 arising out of TRP(C) No.365/2023 of the Hon’ble High Court of Orissa, Cuttack has been received vide Hon’ble Court Memo

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No.25722 dtd. 06.12.2023 and Balangir District office Memo No.11073 dtd. 06.12.2023 wherein it is held that “as an interim measure, the learned Civil Judge Senior Division Titilagarh shall not proceed ex parte against the petitioner in Mat Suit No.39 of 2023 on 6^th December, 2023”.

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On 09.05.2024 the record was posted for Conciliation and both the parties were absent on repeated calls accordingly, notice on court motion through registered post was issued. Now the Mat Suit is posted to 17.03.2025 for appearance of the parties. xxxxxx”

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Mr. Tanmaya Kumar Mohanty, learned counsel appearing for the petitioner-wife submitted that the petitioner-wife is now residing at Flat No.105, Block-B under Airfield Police Station, Bhubaneswar in the district of Khurda and attending the Criminal Proceeding No.276 of 2022 filed under Section 125 of Cr.P.C. in the Court of the learned Judge, Family Court-II, Bhubaneswar describing the same present address in the said proceeding. Such disclosure has been made prior to filing of the aforesaid M.A.T. Suit No.39 of 2023. He further submitted that since the aforesaid Criminal Proceeding No.276 of 2022 filed at the instance of the petitioner-wife is pending in the Court of the learned Judge, Family Court-II, Bhubaneswar, if M.A.T. Suit No.39 of 2023 pending in the Court of the Civil Judge (Senior Division)-cum-Asst. Sessions Judge, Titlagarh continues there, the petitioner-wife would face difficulty in appearing on each date of posting of the said case. Both the places are at a distance.

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Though Mr. Binod Kumar Hati, learned counsel appeared in this case on behalf of the opposite party by way of filing Vakalatnama, none appeared for the opposite party at the time of repeated calls. However, an objection has been filed on behalf of the opposite party-husband opposing the prayer of the petitioner-wife for transfer of the aforesaid M.A.T. Suit No.39 of 2023.

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Diligently considered the submission of the learned counsel appearing for the petitioner-wife and the objection filed on behalf of the

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opposite party-husband. It is apt for one learned Court to adjudicate both the cases. Therefore, in the opinion of this Court, interest of justice would be best served if M.A.T. Suit No.39 of 2023 stated to be pending before the learned Civil Judge (Senior Division), Titlagarh is transferred to the Court of the Judge, Family Court-II, Bhubaneswar, where Criminal Proceeding No.276 of 2022 filed under Section 125 of Cr.P.C. at the instance of the petitioner-wife is pending.

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Accordingly, M.A.T. Suit No.39 of 2023 pending in the Court of Civil Judge (Senior Division), Titlagarh is directed to be transferred to the Court of the Judge, Family Court-II, Bhubaneswar for disposal in accordance with law.

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Both the learned Civil Judge (Senior Division), Titlagarh and learned Judge, Family Court-II, Bhubaneswar 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 order, this TRP(C) stands disposed of being allowed.

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Registry is instructed to communicate this order to the Courts of the Civil Judge (Senior Division), Titlagarh as well as the Judge, Family CourtII, Bhubaneswar forthwith.

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(M.S. Raman) Judge

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MRS Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 25-Feb-2025 16:16:02

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Taruni Bag v. Chudamani Bag

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Taruni Bag v. Chudamani Bag

Case brief

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