Bandana Pradhan v. Sukanta Neetiraja Kishore Mansingh @ Sukanta Naba Kishore Naik

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.120 of 2020 Smt. Bandana Pradhan ....

Petitioner -versusSukanta Neetiraja Kishore Mansingh @ Sukanta Naba Kishore Naik ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

29.03.2022 06.

1.

This matter is taken up through hybrid mode.

2.

This petition has been filed by the Petitioner-wife to transfer of C.P. No.53 of 2020 instituted at the instance of the Opposite Partyhusband from the file of the Judge, Family Court, Nayagarh to the Court of the Judge, Family Court, Balasore.

3.

Heard the learned counsel for the parties.

4.

Petitioner-wife has sought for transfer of the aforesaid proceeding on the ground that one proceeding under Section 125 of Cr.P.C., i.e., CRP No.251 of 2014 at the instance of the Petitioner-wife pending in the Court of Judge, Family Court, Balasore and another proceeding under 12 of the D.V. Act, i.e., Crl. Misc. Case No.297 of

// 2 // 2014 at the instance of the Petitioner-wife is pending before the Court of S.D.J.M., Balasore.

5.

Since the distance between two places are too far, so also convenience of the wife is the paramount consideration in a case for transfer of the matrimonial dispute, this Court allows the transfer petition, notwithstanding the objection of the learned counsel for the Opposite Party-husband and consequently directs that C.P. No.53 of 2020 pending on the file of the learned Judge, Family Court, Nayagarh be transferred to the Court of Judge, Family Court, Balasore. Both the Courts shall do the needful on production of the certified copy of this order.

6.

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

7.

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

(S. Pujahari) Judge DA