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Orissa High CourtTRP(C)/363/2021dismissed

Nirjharika@Nibedita Mandhata v. Rajib Kumar Balabantaray

2022-02-09Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP (C) No.363 of 2021 Nirjharika @ Nibedita Mandhata ....

Petitioner -versusRajiba Kumar Balabantaray ....

Opposite Party

CORAM:

THE JUSTICE S.PUJAHARI

ORDER

09.02.2022 03.

1.

This matter is taken up through Hybrid mode.

Order No.

2.

This petition has been filed by the Petitioner to transfer C.P No.915 of 2021 from the court of Judge, Family Court, Bhubaneswar to the court of Judge, Family Court, Khurda. 3.

Heard learned counsel for the Petitioner.

4.

Learned counsel for the Petitioner submits that the distance between the aforesaid two courts is 60 Kms and due to poor communication between the Bhubaneswar and Khurda, it is not possible on the part of the Petitioner to appear in the court at Bhubaneswar alone and if the Petitioner always attends the court at Bhubaneswar, there is life risk of the Petitioner. Therefore, C.P No.915 of 2021 may be transferred from the court of Judge, Family Court, Bhubaneswar to the Judge, Family Court, Khurda.

// 2 // 5.

Considering the facts and the submissions made especially the distance between the two courts, this Court is not inclined to transfer C.P No.915 of 2021 from the court of Judge, Family Court, Bhubaneswar to the Judge, Family Court, Khurda.

6.

Accordingly, TRP(C) stands dismissed. However, if any threat is extended to the Petitioner, she may approach the Deputy Commissioner of Police, Bhubaneswar Police Commissionrate in advance and in that event, the Deputy Commissioner of Police shall assess the threat perception and do the needful to give protection to the Petitioner in this regard. 7.

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

(S. Pujahari) Judge PKS