Partly allowed

Gundicharani Rout @ Samal v. Madhusudan Samal

Orissa HC10 Feb 2025TRP(C)/370/2023

Case brief

AI extract

What is this about?

Transfer of a divorce proceeding pending at Jajpur Family Court to Kendrapara Family Court directed to align with pending maintenance proceedings (Section 125 Cr.P.C.) filed by the same petitioner, facilitating convenience and judicial efficiency.

What did the court decide?

Civil Proceeding No.101 of 2023 transferred from Family Court, Jajpur to Family Court, Kendrapara.

Gundicharani Rout @ Samal Vs Madhusudan Samal — Matrimonial and Divorce | Orissa HC (2025)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.370 of 2023

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Gundicharani Rout @ Samal …. Petitioner

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Mr. Ashok Kumar Sahoo, Advocate

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-versus-

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Madhusudan Samal …. Opposite Party

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Mr. Bikram Kishore Nayak, Advocate

¶7

CORAM:

¶8

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER

10.02.2025

This matter is taken up through Hybrid Mode.

¶14

This Transfer Petition (Civil) has been filed by the Petitioner-wife seeking transfer of Civil Proceeding No.101 of 2023 filed under Section 13(1)(i)(ia) and (ib) of the Hindu Marriage Act, 1955 at the instance of the Opposite Party-husband in the Court of the Judge, Family Court, Jajpur, to the Court of the Judge, Family Court, Kendrapara where the petitioner-wife has filed Criminal Proceeding No.7 of 2022 under Section 125 of the Code of Criminal Procedure, 1973.

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Mr. Ashok Kumar Sahoo, learned counsel appearing for the petitioner-wife, on instruction, submitted that the aforesaid case is now pending. He further submitted that the petitioner-wife is now residing at Village- Dhumanta Sasan in the district of Kendrapara. He also submitted that since the aforesaid Criminal Proceeding No.7 of 2022 filed at the instance of the petitioner-wife is pending in the Court of the learned Judge, Family Court, Kendrapara, if C.P. No.101 of 2023 pending in the Court of the Judge, Family Court, Jajpur continues there, the petitioner-wife would face difficulty in appearing on each date of posting of the said case.

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Page 1 of 2

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Mr. Bikram Kishore Nayak, learned counsel appearing for the opposite party submitted that both the proceedings being different and distinct the prayer for transfer of the case needs no indulgence.

¶18

Diligently considered the submissions of the learned counsel for the parties. The proceeding under Section 125 of the Cr.P.C. being for maintenance and the other civil proceeding for grant of decree divorce, it is apt for one learned Court to adjudicate both the contexts. Therefore, in the opinion of this Court, interest of justice would be best served if C.P. No.101 of 2023 is transferred to the Court of the Judge, Family Court, Kendrapara, where Criminal Proceeding No.7 of 2022 filed under Section 125 of Cr.P.C. at the instance of the petitioner-wife along with her son is stated to be pending.

¶19

Accordingly, C.P. No.101 of 2023 pending in the Court of the Judge, Family Court, Jajpur is directed to be transferred to the Court of the Judge, Family Court, Kendrapara for disposal in accordance with law.

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Both the learned Judge, Family Court, Jajpur and learned Judge, Family Court, Kendrapara 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 Judge, Family Court, Jajpur as well as the Judge, Family Court, Kendrapara forthwith.

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Signature Not Verified

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Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack MRS Date: 10-Feb-2025 17:40:23

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(M.S. Raman) Judge

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Page 2 of 2

Gundicharani Rout @ Samal v. Madhusudan Samal

Case brief

What is this about?

What did the court decide?

Gundicharani Rout @ Samal v. Madhusudan Samal

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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