Jashmine Sahoo@Jasminee Sahoo v. Alok Shrichandan

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No. 300 of 2022

1. Jashmine Sahoo @ Jasminee Sahoo

2. Prasanna Kumar Sahoo .....

Petitioners Mr. A. Mohanty, Adv.

Vs.

Alok Shrichandan .....

Opposite party

CORAM:

JUSTICE SAVITRI RATHO

ORDER

29.08.2022 Order No.

01.

This matter is taken up through hybrid mode.

2. Heard Mr. A. Mohanty, learned counsel for the petitioners.

3.

In this application under Section 24 of the C.P.C., the petitioner no.1-wife has prayed for transfer of Civil Proceeding Case No.108 of 2022 filed by the opposite party-husband under Section 9 of the Hindu Marriage Act, in the Court of the learned Judge, Family Court, Khordha, to the Court of the learned Judge, Family Court, Puri.

4.

Mr. A. Mohanty, learned counsel for the petitioners submits that the petitioner no.l is residing with her parents in Puri and she has no independent source of income. He further submits that the distance between Khordha and Puri is more than 100 kms., so it would be inconvenient for her to go to Puri to attend the case.

5.

In view of the nature of the proceeding under Section-9 of the Hindu Marriage Act, and the delay in disposal of the case if it is directed to be transferred, I do not think it is necessary to

transfer the case from the Court of the learned Judge, Family Court, Khordha to the Court of the learned Judge, Family Court, Puri. However, in view of the inconvenience which will be faced by the petitioner no.1, if she is compelled to personally appear in the case on each date at Khordha, I am of the view that interest of justice will be served if the petitioner no.1 is permitted to file her response in Civil Proceeding Case No.108 of 2022 ( if not already filed ) by way of an affidavit (alongwith an extra copy for the other side) and a copy of this order, through her counsel in the Family Court at Khordha or sent through Speed Post with A.D or Registered Post with A.D. addressed to the Judge, Family Court, Khordha giving her contact number therein within a period of four weeks from today.

In case she agrees to join the company of the opp. party, the learned Judge shall finally dispose of the Civil Proceeding Case No.108 of 2022 by passing appropriate order within a period of four weeks thereafter. In the event the petitioner is not willing to join the opp. party, the learned Judge, Family Court, Khordha shall first make effort for conciliation fixing a suitable date for appearance of both the parties giving enough notice to the petitioner no.1. In the event, the conciliation process does not succeed or the parties do not cooperate, the learned Judge, Family Court, Khordha shall conclude the proceeding as expeditiously as possible preferably within one or two dates from the date of failure of the conciliation, if any, without insisting on the appearance of the wife. In the event the petitioner no.

the learned Court will consider the same and direct the husband to deposit an appropriate amount which shall be released in favour of the petitioner no.1-wife. In case of her non appearance, the amount will be refunded to the opp. party.

6. The TRP(C) is disposed of with the aforesaid directions. 7.

Urgent certified copy of this order be granted as per rules.

8. A copy of this order be sent to the Court of the learned Judge, Family Court, Khordha by the Registry, at the earliest. Sukanta (SAVITRI RATHO) JUDGE