Bindushree Sethi v. Sarat Chandra Sethi

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP (C) No.160 of 2022 Bindushree Sethi ....

Petitioner Mr. B.Dash, Advocate

Versus

Sarat Chandra Sethi ....

Opp. Party

CORAM:

JUSTICE SAVITRI RATHO

ORDER

07.07.2022 Order No.

01.

This matter is taken up by hybrid mode.

2. This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of C.P. No.738 of 2021 filed by the opp. partyhusband under Section-13 of the Hindu Marriage Act in the Court of learned Judge, Family Court, Cuttack, to the Court of learned Judge, Family Court, Bhubaneswar.

3. Mr. Dash, learned counsel for the petitioner submits that the case is fixed for appearance of the petitioner on 22.07.2022 and as the petitioner is in a distressed condition and is dependant on her family members for day- to-day expenses and there is no other male member in her parents house to accompany her, for which she is not in a position to travel to Cuttack to attend the case on each and every date the case is posted to. He further submits that there is every chance of her being manhandled in Cuttack. So, she prayed for transfer of the aforesaid C.P. case to the Court of learned Judge, Family Court, Bhubaneswar.

4. Having heard learned counsel for the petitioner, I do not find any convincing ground to transfer the case to the Court of learned Judge, Family Court, Bhubaneswar from the Court of the learned Judge, Family Court, Cuttack which is barely 35 K.M.s away. However, it is observed that in case of necessity and genuine requirement, the petitioner is at liberty to approach the I.I.C., Madhupatna Police Station. The learned

// 2 // Judge, Family Court, Cuttack is requested to make an endeavour to dispose of the C.P. case expeditiously.

5. With the aforesaid observation and direction, the TRP (C) is dismissed.

6. Urgent certified copy of this order be granted as per rules. .........................

Savitri Ratho Judge Bichi