Biswaranjan Mohanty Vs Prathana Das

This Transfer Petition (Criminal) has been filed by the Petitioner-husband seeking transfer of CRP No.221 of 2023 filed under Section 125 of the Code of Criminal Procedure, 1973 at the instance of the opposite party-wife, pending in the Court of the learned Judge, Family Court, Cuttack, to the Court of the learned Judge, Family Court-II, Bhubaneswar.

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Learned counsel appearing for the petitioner submitted that since C.P. No.694 of 2023 filed under Section 13(i) of the Hindu Marriage Act at the instance of the petitioner-husband is now pending before the learned Judge, Family Court-II, Bhubaneswar, CRP No.221 of 2023 filed under Section 125 of Cr.P.C. at the instance of the opposite party-wife may be transferred to the Court of the learned Judge, Family Court, Bhubaneswar for disposal in accordance with law.

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Mr. Sahasra Jyoti Nanda, learned counsel appearing for the opposite party-wife on the other hand drawing notice of this Court to the order dated 25.06.2024 passed by this Court in TRP(C) No.376 of 2023 vide Annexure-A/3 to the counter affidavit filed by the opposite party, submitted that since this Court has already declined to allow TRP(C) No.376 of 2023 filed by the opposite party-wife for transfer of C.P. No.694 of 2023 pending in the Court of the learned Judge, Family Court-II, Bhubaneswar to the Court of the learned Judge, Family Court, Cuttack, this Court should be loathed in allowing the prayer made in the present transfer petition.

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This Court while declining to entertain prayer for transfer in TRP(C) No.376 of 2023 filed by the opposite party-wife, passed the following order on 25.06.2024:-

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“1. This matter is taken up through hybrid mode.

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2. The petitioner has filed this application seeking transfer of C.P. No. 694 of 2023 pending in the Court of the learned Judge, Family Court (II), Bhubaneswar to the Court of the learned Judge, Family Court, Cuttack. Transfer has been sought on the ground that the petitioner is residing at Cuttack and is under serious economic hardship for which it will not be possible on her part to travel to Bhubaneswar to attend to the case on the date fixed. 3. This Court does not consider the above to be a valid ground for transfer of the case from Bhubaneswar to Cuttack. Firstly, the petitioner is not required to attend the Court personally on each date of the posting of the case and secondly, she can also seek permission of the Court to appear through virtual mode if she so desires. 4. For the foregoing reasons therefore, this Court is not inclined to entertain the application for transfer, which is therefore, dismissed. It shall be open to the petitioner to seek permission of the Court below to appear through virtual mode. Further, the Court below shall

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not insist upon the personal attendance of the petitioner unless absolutely necessary.”

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Faced with the aforesaid situation, this Court declines to entertain this application for transfer, which is, therefore, dismissed. It will be open to the petitioner to seek permission of the Court below to appear through virtual mode. Further, the Court below shall not insist upon the personal attendance of the petitioner unless absolutely necessary.

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With the aforesaid observation, this TRPCRL stands disposed of.

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Interim order dated 05.03.2024 passed by this Court in I.A. No.10 of 2024 staying further proceeding of C.R.P. No.221 of 2023 pending in the Court of the learned Judge, Family Court, Cuttack stands vacated.

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A copy of this order be communicated to the Court of the learned Judge, Family Court, Cuttack forthwith.

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MRS

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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 Date: 14-Feb-2025 16:39:58

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Biswaranjan Mohanty v. Prathana Das

Case brief

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Biswaranjan Mohanty v. Prathana Das

Case brief

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