Sairendhri Das @ Behera v. Susanta Kumar Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.95 of 2022 Sairendhri Das @ Behera ....

Petitioner -versusSusanta Kumar Behera ....

Opposite Party

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

05.12.2022 05.

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

2. Heard Mr. D.P. Dhal, learned counsel for the Petitioner and Mr. B.K. Mohanty, learned counsel appearing for the Opp. Party.

3. Affidavit filed by Mr. Mohanty, learned counsel for the Opp. Party in Court be kept on record.

4. This transfer petition has been filed seeking transfer of C.P. No. 853 of 2021 pending in the file of learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Sambalpur.

5. Mr. Dhal, learned counsel for the Petitioner contended that the Opp. Party-husband has filed the Petition in C.P. No. 853 of 2021 for divorce under Sec. 27(1)(a)(d) of the Special Marriage Act, 1954. It is also contended that since the Petitioner is a lady and residing with her parents at Sambalpur, she is not in a position to attend the Court at Bhubaneswar, which will be more than 300 k.m..

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6. Mr. Mohanty, learned counsel for the Opp. Party on the other hand submitted that the Opp. Party is suffering from some ailments and he is not in a position to attend the Court at Sambalpur.

7. Considering the submission made when this Court proposed that the matter be transferred to the Court of learned Family Judge at Angul, learned counsel appearing for both the Parties agreed to the said proposal of this Court.

8. In view of the same, this Court while disposing the matter, directs learned Family Judge, Bhubaneswar to transfer C.P. No. 853 of 2021 to the Court of learned Family Judge at Angul forthwith on receipt of this order.

9. The transfer petition is accordingly disposed of. (Biraja Prasanna Satapathy) Judge Sneha