Kamala Mishra v. Santosh Kumar Mishra

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) NO.275 OF 2022 Kamala Mishra ....

Petitioner Mr.A. Routray, Advocate -versusSantosh Kuamr Mishra & Another ....

Opposite Parties Mr. P.P. Parida, Advocate

CORAM:

MR. JUSTICE D.DASH

ORDER

11.11.2022 TRP(C) NO.275 OF 2022 & I.A. NO.311 OF 2022 04.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/ physical) mode.

2.

This application under section-24 of the Code of Civil Procedure has been filed by this Petitioner (wife) seeking transfer of Civil Proceeding No.328 of 2022 filed by the Opposite Party No.1 (husband), pending before the learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Nayagarh.

3.

Heard learned Counsel for the Petitioner (wife) and learned Counsel for the Opposite Party No.1 (husband). 4.

Considering the submissions made and on going through the averments taken in the Application, further taking into account the social strata of the parties and their behavioural pattern, standard of life and the circumstances of both the parties in eking out their livelihood; in the prevailing socio-economic paradigm in the society; this Court hereby orders that the Civil Proceeding No.328 of 2022 pending before the learned Judge, Family Court, Bhubaneswar shall stand transfer to the Jurisdictional Court at

// 2 // Nayagarh. Accordingly, it is directed that the record of the said proceeding be transmitted to the Jurisdictional Court at Nayagarh at an early date not later than 2nd December, 2022 for its disposal in accordance with law within a period of one (1) year from the date of appearance of the parties.

5.

Learned Counsels are requested to instruct their respective parties to enter appearance before the Jurisdictional Court at Nayagarh in the aforesaid Civil Proceeding on 12.12.2022 to receive further instruction and cooperate for its further progress and disposal within the time frame in accordance with law. 6.

The TRP(C) and I.A. are accordingly disposed of. A copy of the order be communicated to both the Courts for necessary actions at their end.

Issue urgent certified copy as per rules.

(D. Dash), Judge.