Subhalaxmi Panda v. Kali Charan Mishra

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(Crl.) No.101 of 2021 Subhalaxmi Panda ....

Petitioner -versusKali Charan Mishra ....

Opposite Party

CORAM:

THE JUSTICE S.PUJAHARI

ORDER

05.01.2022 01.

1. This matter is taken up through Hybrid mode. Order No.

2. The Petitioner has sought for transfer of the proceeding under Section 125 Cr.P.C. from the court of Judge, Family Court, Bhubaneswar to the court of Judge, Family Court, Cuttack on the ground that she is residing within the jurisdiction of Cuttack.

3. Heard learned counsel for the Petitioner.

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, Bhubaneswar. Furthermore, the Petitioner herself has chosen the said forum to file the proceeding under Section 125 Cr.P.C. Therefore, this Court is not inclined to entertain the petition.

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5. Accordingly, the TRP(Crl.) stands dismissed.

6. However, learned counsel for the Petitioner submits that since the proceeding under Section 125 Cr.P.C. is pending since 2015 before the learned Judge, Family Court, Bhubaneswar, a direction may be issued for early disposal of the same.

7. In view of such submission, this Court hopes and trusts that if a mention is made before the learned P.O in seisin over the matter, the learned P.O in seisin over the matter shall, realizing the fact that the said proceeding for maintenance is pending since 2015 and requires to be disposed of expeditiously, take effective steps for early disposal of the same, if there is no other legal impediment.

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

(S. Pujahari) Judge PKS