Sudipta Mohanty v. Pravash Ranjan Mohanty

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP (C) No.287 of 2019 Sudipta Mohanty ....

Petitioner -versusPravash Ranjan Mohanty ....

Opposite Party

CORAM:

THE JUSTICE S.PUJAHARI

ORDER

23.03.2022 1.

This matter is taken up through Hybrid mode.

Order No.

2.

This petition has been filed by the Petitioner-wife to transfer C.P No.49 of 2019 instituted at the instance of the Opposite Party-husband from the court of learned Judge, Family Court, Cuttack to the court of Judge, Family Court, Bhubaneswar.

3.

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

4.

Admittedly the Cuttack and Bhubaneswar are twin cities. The distance between the two is not too far. No inconvenience would be caused if the aforesaid proceeding is tried before the Judge, Family Court, Cuttack. The inconvenience of the party is not the ground to seek transfer of the case from the court having jurisdiction to another competent

// 2 // court to try and dispose of the same unless sufficient reasons are there for the same.

5.

Furthermore, the husband is ready and willing to pay the expenses incurred by the wife in attending the court at Cuttack. Hence, this Court is not inclined to transfer the case on the ground of inconvenience. As such while rejecting the prayer of the Petitioner for transfer of the case, this Court directs that if the Petitioner-wife claims expenses incurred in attending the Family Court at Cuttack, the court concerned shall pass necessary order on the same directing the husband to pay the same.

6.

With the aforesaid order, this TRP(C) stands disposed of.

7.

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

(S. Pujahari) Judge PKS