Diptimalla Sahoo v. Dr.Diptiman Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP (C) No.76 of 2022 Dipmalla Sahoo ....
Petitioner -versusDr. Diptiman Sahoo ....
Opposite Party
CORAM:
THE JUSTICE S.PUJAHARI
ORDER
07.03.2022 01.
1.
This matter is taken up through Hybrid mode.
Order No.
2.
This petition has been filed by the Petitioner to transfer C.P No.119 of 2022 instituted at the instance of the Opposite Party-husband from the court of Judge, Family Court, Bhubaneswar to the court of Judge, Family Court, Cuttack on the ground that she is apprehending danger to her life and limb from the Opposite Party-husband and inconvenience in attending the Court at Bhubaneswar.
3.
Heard learned counsel for the Petitioner.
4.
Learned counsel for the Petitioner submits to transfer C.P No.119 of 2022 on the aforesaid grounds after hearing the Opposite Party-husband. But the aforesaid allegation of threat to the life and limb of the Petitioner has not been substantiated inasmuch as at no point of time threat ground has been brought
// 2 // to the notice to the Police. The other ground of inconvenience is also not convincing one inasmuch as both the places are located in twin cities of Cuttack and Bhubaneswar and both the places are well connected and it hardly takes one hour to cover the distance by public transport also.
5.
Considering the aforesaid facts and the submissions made, this Court is not inclined to transfer C.P No.119 of 2022 from the court of learned Judge, Family Court, Bhubaneswar to the Judge, Family Court, Cuttack.
6.
However, if the Petitioner apprehends any danger to her life and limb in appearing the court at Bhubaneswar, she may approach the Deputy Commissioner of Police, Bhubaneswar of Bhubaneswar-Cuttack Police Commissionrate in advance in order to enable the Deputy Commissioner of Police to assess the threat perception and do the needful to give protection to the Petitioner in this regard on the date of her appearance in the said court. Furthermore, if the Petitioner-wife claims expenses incurred by her in attending the court by filing an application, the court concerned shall pass necessary order on the same directing the husband to pay the reasonable expenses as assessed and ordered by the court concerned.
7.
With the aforesaid order, this TRP(C) stands disposed of.
// 3 // 8.
Urgent certified copy of this order be granted on proper application.
(S. Pujahari) Judge PKS