Debasmita Kabi vs Ranjan Das

G. Satapathy, J

This  matter  is  taken  up  through  Hybrid Arrangement (Virtual/Physical Mode).

This is an application U/S. 24 of the Code of Civil Procedure, 1908 (In short the ‘Code’) by the petitioner-wife seeking transfer of the proceeding in C.P. No. 226 of 2022 instituted by OP-husband against her titled as “Ranjan Das v. Debasmita Kabi” pending in the file of learned Judge, Family Court, Berhampur to the learned Judge, Family Court, Jajpur.

Mr. S.C. Puspalaka, learned counsel for the Petitioner submits that the Petitioner is a dependent lady, whereas the OP-husband is an Engineer and the distance between Berhampur and Jajpur is more than 250 Kms and, therefore, the Petitioner would face a lot of inconvenience in attending the Court at Berhampur. On this submission, learned counsel for the Petitioner prays to allow the transfer application. None appears for OP to counter the submissions.

After having considered the submission advanced for the Petitioner and on going through the averments taken in the transfer application as also the documents annexed thereto and regard being had to the comparative inconvenience of the parties and the Petitioner being a dependent lady, this Court directs transfer of the proceeding from Berhampur to Jajpur.

In the result, the TRP(C) stands allowed, but in the circumstance, there is no order as to costs. Consequently, the proceeding in C.P. No. 226 of 2022 titled as “Ranjan Das v. Debasmita Kabi” pending in the file of learned Judge, Family Court, Berhampur is hereby transferred to the file of learned Judge, Family Court, Jajpur.

A copy of this order be communicated to the learned Judge, Family Court, Berhampur and learned Judge, Family Court, Jajpur for compliance.

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