Juli Jena@Kanak v. Kanhu Charan Jena

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP (CRL) No.86 of 2021 Juli Jena @ Kanak ....

Petitioner Mr.Asok Ku. Behera, Advocate

Versus

Kanhu Charan Jena ....

Opp. Party

CORAM:

JUSTICE SAVITRI RATHO Order No.

ORDER

28.06.2022 02.

This matter is taken up by hybrid mode.

2. Heard Mr. Asok Ku. Behera, learned counsel for the petitioner.

3. This transfer petition under Section 24 of C.P.C. has been filed by the petitioner-wife for transfer of C.P. No.636 of 2021 pending in the Court of learned Judge, Family Court, Cuttack to the Court of the learned Judge, Family Court, Jajpur. But strangely this petition has been registered by the Registry as TRP (CRL) instead of TRP (C) and no defect has been pointed out by the Stamp Reporter and hence this anomaly could not be detected earlier.

4. As the mistake is by the Filing Section of the Registry, on the oral prayer of the petitioner, the TRP (CRL) is converted to a TRP (C). Office is directed to do necessary rectification and register the application as a TRP (C) in course of the day.

5. Learned counsel for the petitioner submits that the marriage of petitioner and opp. party have taken place in Jajpur in July, 2021 and the petitioner has only stayed seven days in her matrimonial house at Gokulpur (Harijan Sahi) under Tangi Police Station in the district of Cuttack. He further submits that the petitioner has no independent source of income and no one is there to accompany her to travel to Cuttack and in order to attend and contest the proceeding in the Court of learned Judge, Family Court, Cuttack.

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6. Considering the above submission, issue notice to opp. party in TRP (C) by Registered/Speed post with A.D., requisites for which shall be filed within a week. The notice shall be made returnable within four weeks.

7. List this matter on 05.08.2022.

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Savitri Ratho Judge Bichi