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Orissa High CourtTRP(C)/161/2019disposed off

Mrs.Sudha Agrawal@Sudha Bai Agrawal v. Satish Agarwal

2022-02-15Mr. Justice S.Pujahari3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.161 of 2019 Mrs. Sudha Agrawal @ Sudha Bai Agrawal ....

Petitioner -versusSatish Agarwal ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

15.02.2022 02.

1.

This matter is taken up through hybrid mode.

2.

This petition has been filed by the Petitioner for transfer of MAT Suit No.60/61 of 2018 instituted at the instance of the Opposite Party-husband from the file of the learned Judge, Family Court, Bargarh to the Court of Judge, Family Court, Sambalpur.

3.

Heard the learned counsel for the Petitioner and the learned counsel for the Opposite Party.

4.

It appears that the Petitioner being a judicial officer have filed three cases at Sambalpur, which arises out of her marital discord and in this petition, she seeks transfer of the

// 2 // aforesaid case filed by the Opposite Party-husband to the Court of Judge, Family Court, Sambalpur.

5.

Learned counsel for the Opposite Party has made objection to the same, but submits that Petitioner has no inconvenience appearing in the said case, as she is not residing at Sambalpur and posted in different post of Odisha as a judicial officer. However, it is not disputed that three cases are pending at Sambalpur and the Opposite Party has not sought for transfer of the same to Bargarh.

6.

Considering the aforesaid facts and submissions made, especially it would be convenient to both the parties that if all the cases transfer to the same place by the competent authority, the prayer made by the Petitioner appears to have substance. As such, the same is allowed.

7.

Hence, it is directed that MAT Suit No.60/61 of 2018 pending on the file of the learned Judge, Family Court, Bargarh be transferred to the Court of Judge, Family Court, Sambalpur.

// 3 // 8.

However, it being submitted that the Petitioner is not cooperating in all the cases though she is a judicial officer, even not filing the written statement, Petitioner is directed to file her response within three months hence in the case in question. Both the Courts shall do the needful on production of the certified copy of this order. So also the transferee court shall take all effective steps for early disposal for the case. 9.

With the aforesaid order, this transfer petition stands disposed of.

10.

Urgent certified copy of this order be granted on proper application.

(S. Pujahari) Judge DA