Sarada Sahu v. Chandrabhanu Rout

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.129 of 2022 Smt. Sarada Sahu ....

Petitioner -versusChandrabhanu Rout ....

Opposite Party

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

25.11.2022 02.

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

2. Heard Mr. P.K. Nayak, learned counsel for the Petitioner and Mr. B. Samal on behalf of Mr. Md. G. Madani, learned counsel for the Opp. Party.

3. The Petitioner has filed the present transfer petition seeking transfer of C.P. No. 68 of 2022 pending in the Court of learned Judge, Family Court, Bhadrak to the Court of learned Judge, Family Court, Rourkela.

4. Mr. Nayak, learned counsel for the Petitioner contended that Opp. Party is facing trial in G.R. Case No. 1585 of 2016, which is pending before the learned SDJM, Panposh, Rourkela and another proceeding in Misc. Case No. 179 of 2007 pending before the learned SDJM, Panposh, Rourkela, which has been filed under Sec. 12 of the D.V. Act. It is also contended that the Petitioner since is residing separate and distance will be more than 500 k.m. from her present residence, she cannot attend the Court at Bhadrak.

5. Even though a counter has been filed by the Opp. Party, but this Court after going through the same finds no justifiable grounds

// 2 // raised by the Opp. Party in countering the prayer made by the Petitioner herein.

6. Having heard learned counsel for the Parties and after going through the grounds taken in the Petition, this Court is inclined to allows the prayer. Accordingly, this Court directs the learned Judge, Family Court, Bhadrak to transfer C.P. No. 68 of 2022 to the Court of learned Judge, Family Court, Rourkela forthwith on receipt of this order.

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