Chinmayee Pradhan vs Ansuman Satapathy

Savitri Ratho, J

TRP (C) No.306 of 2022 & I.A.No.347 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.21 of 2022 filed by the opp. party-husband under Section 13 (1) of the Hindu Marriage Act, 1955 in the Court of learned Civil Judge (Senior Division), Bhanjanagar, to the Court of learned Judge, Family Court, Boudh.

Learned counsel for the petitioner submits that the distance between Bhanjanagar and Boudh is about 120 K.Ms and the petitioner has no independent source of income, for which, it is very inconvenient for her to go to Bhanjanagar to contest the case. He further submits that the petitioner has instituted Misc. Case No.02 of 2022 against the opp. party under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in the Court of learned J.M.F.C., Harabhanga and the opp. party has already appeared in the said case. Hence, it will not be inconvenient for the opp. party if the MAT case is transferred to Boudh.

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.21 of 2022 pending in the Court of the learned Civil Judge (Senior Division), Bhanjanagar shall remain stayed till 14.10.2022.

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

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