Nandini Priyadarsini Paikray v. Prakash Patra

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No. 166 of 2022 Nandini Priyadarsini Paikray @ Patra .....

Petitioner Mr. Sibananda Das, Adv.

(Petitioner in person) Vs.

Prakash Patra .....

Opposite Party Mr. C. Mohanty, Adv.

(Opp. Party in person)

CORAM:

JUSTICE SAVITRI RATHO

ORDER

23.09.2022 Order No.

03.

(Through hybrid mode) 1.

Heard Mr. Sibananda Das, learned counsel for the petitioner and Mr. C. Mohanty, learned counsel for the opp. party. 2.

Smt. Nandini Priyadarsini Paikray @ Patra, the petitioner-wife and Sri Prakash Patra, the opp. party-husband are present in person in Court today duly identified by their respective counsels and they have produced the Photostat copy of their Aadhaar Card in proof of their identity which are taken on record. 3.

This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of Civil Proceeding No.86 of 2022 filed by the opp. party-husband under Section 9 of the Hindu Marriage Act, 1955 in the Court of learned Judge, Family Court, Rourkela, to the Court of learned Judge, Family Court, Khurda.

4.

Both the parties as well as counsels submit that the petitioner has agreed to go back to the house of the opp. party with her daughter. This development will bring a quietus to the

application under Section -9 of the Hindu Marriage Act, which is sought to be transferred. Necessary affidavit should therefore be filed in C.P. No.86 of 2022 which is pending in the Court of the learned Judge Family Court, Rourkela.

5. There is no longer any necessity to entertain this TRP(C), which is disposed of as infructuous.

6. Liberty is granted to the petitioner to approach this Court afresh, in case fresh cause of action arises. Issue urgent certified copy as per rules.

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(SAVITRI RATHO) JUDGE