Alaka Binamrata vs Bhagaban Singh

Savitri Ratho, J

TRP (C) No.299 of 2022 & I.A.No.340 of 2022

This matter is taken up by hybrid mode.

This application has been filed by the petitioner-wife under Section 24 of the C.P.C. for transfer of MAT Case No.07 of 2022 filed by the opp. party-husband under Section 13 (1) (i-b) of Hindu Marriage Act in the Court of learned Civil Judge (Senior Division), Khallikote, to the Court of learned Civil Judge (Senior Division), Talcher.

Mr.S.P.Dash, learned counsel for the petitioner submits that the marriage between the parties has been solemnized on 13.07.2016 and after three months of their marriage, the opp.party-husband tortured her demanding more dowry, for which, she left her matrimonial house. As the opp. party is not paying her any maintenance, the petitioner has filed Criminal Misc. Case No.256 of 2022 under Section 125 of Cr.P.C. before the Court of learned S.D.J.M., Talcher for maintenance. Furthermore, the distance between Khallikote and Talcher is about 230 K.Ms and there is nobody in her family except her ailing father to accompany her to Khallikote to contest the case, for which it is very inconvenient and difficult for her to go to Khallikote.

Considering the above submissions, issue notice to the opposite party in the TRP (C) as well as in the I.A. by Registered Post with A.D., requisites for which shall be filed by 26.08.2022. The notice shall be made returnable within four weeks. One set of process fee shall be accepted.

List this matter on 11.10.2022.

In the interim, further proceeding in MAT Case No.07 of 2022 pending in the Court of the learned Civil Judge (Senior Division), Khallikote shall remain stayed till 14.10.2022.

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

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