Susree Sagarika Hial v. Anil Kumar Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.10 of 2022 Susree Sagarika Hial ....

Petitioner -versusAnil Kumar Nayak ....

Opposite Party

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

14.11.2022 07.

1. This matter is taken up through Hybrid Arrangement Order No (Virtual/Physical) Mode.

2. Heard Mr. P.K. Nanda, learned counsel for the Petitioner.

3. Since Office note indicates that the Opp. Party refused to accept the notice issued by this Court, while holding the notice as sufficient against him, this Court proposes to dispose of the matter.

4. This transfer Petition has been filed seeking transfer of the proceeding in C.P. No. 839 of 2021 pending in the Court of learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Jeypore.

5. It is submitted that the Petitioner is the wife and she has filed a Petition under Sec. 125 of Cr.P.C. in CRP No.38 of 2021 before the learned Judge, Family Court, Jeypore. Accordingly, it is submitted that the proceeding filed by the husband in C.P. No. 839 of 2021 before the learned Judge, Family Court, Bhubaneswar be transferred to the learned Judge, Family Court, Jeypore as the Petitioner is a lady and she is unable to appear at Bhubaneswar on each and every date.

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6. Since the Opp. Party refused to accept the notice sent by the Registry, this Court taking into account the grounds of transfer, while allowing the prayer of the Petitioner, directs the learned Judge, Family Court at Bhubaneswar to transfer C.P. No. 839 of to the learned Judge, Family Court at Jeypore.

Consequentially, necessary action be taken by the learned Judge, Family Court at Bhubaneswar for transfer of the matter.

7. The transfer Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sneha