Sagarika Pradhan v. Ajaya Kumar Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.56 of 2022 Sagarika Pradhan ....

Petitioner -versusAjay Kumar Nayak ....

Opposite Party

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

01.12.2022 06.

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

2. Heard Mr. S.P. Dash, learned counsel for the Petitioner. In spite of the appearance nobody is there on behalf of the Opp. Party when the matter was taken up.

3. This transfer petition has been filed seeking transfer of C.P. No. 366 of 2021 from the Court of learned Judge, Family Court, Bhadrak to the Court of the learned Judge, Family Court, Bhubaneswar.

4. It is contended that the Petitioner after being deserted by her husband-Opp. Party is residing with her parents at Bhubaneswar and in the meantime she has also filed CRP Case No.277 of 2021 before the learned Judge, Family Court, Bhubaneswar under Sec. 125 Cr.P.C. It is also contended that the Opp. Party-husband has entered appearance in the said proceeding.

5. Since nobody is there on behalf of the Opp. Party when the matter was called, taking into account the grounds taken in the

// 2 // transfer petition and decisions governing the field as well as the pendency of CRP No. 277 of 2021 before the learned Judge, Family Court, Bhubaneswar, I am inclined to allow the prayer. Accordingly, this Court directs the learned Judge, Family Court, Bhadrak to transfer of C.P. No. 366 of 2021 to the Court of the learned Judge, Family Court, Bhubaneswar forthwith on receipt of this order.

6. The transfer petition is disposed of.

(Biraja Prasanna Satapathy) Judge Sneha