Priyambada Samal v. Prakash Samal

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.214 of 2019 Smt. Priyambada Samal ....

Petitioner -versusPrakash Samal ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

29.03.2022 04.

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.103 of 2019 instituted at the instance of the Opposite Party-husband from the file of the Judge, Family Court, Rourkela to the Court of the Judge, Family Court Rayagada on the ground that a proceeding under Section 125 of Cr.P.C. at her instance is pending before the Judge, Family Court, Rayagada wherein Opposite Party has appeared. 3.

Heard the learned counsel for the parties.

4.

Learned counsel for the Opposite Party-husband has made objection to transfer of the aforesaid case. 5.

Since convenience of the wife is the paramount consideration in a case for transfer of the matrimonial dispute, this Court allows the transfer petition and consequently directs

// 2 // that C.P. No.103 of 2019 pending on the file of the learned Judge, Family Court, Rourkela be transferred to the Court of Judge, Family Court, Rayagada. 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