High CourtsSingle Bench

Kalpana Sahoo vs Manas Ranjan Khatua

Orissa High Court · Decided on 7 July 2022 · Citation: (2022) 07 OHC CK 0036

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Civil Procedure, 1908 — Section 24 · Hindu Marriage Act, 1955 — Section 13(1)(ia)
CASE NUMBER
TRP (C) No. 238 Of 2022
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Judgment

8 paragraphs · 266 words

Savitri Ratho, J

TRP (C) No.238 of 2022 & I.A. No.260 of 2022

1.

This matter is taken up by hybrid mode.

2.

This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of C.P. Case No.285 of 2021 filed by the opp. party-husband under Section 13 (1) (i-a) of the Hindu Marriage Act in the Court of learned Judge, Family Court, Cuttack, to the Court of learned Judge, Family Court, Kendrapara.

3.

Mr. Swain, learned counsel for the petitioner submits that the marriage between the petitioner and opp. party has been solemnized on 22. 02.2021 and she has been ill-treated and harassed by the opp. party-husband and his family members on account of demand for dowry and when she was seven months pregnant, she was not given medicine or day-to -day expenses and was assaulted by her husband on 6.8.2021 under the influence of alcohol, for which she had left her husband’s house and she had given birth of a male child on 11.03.2022 in her father’s house. Copy of the birth certificate of the child has been annexed as Annexure-1 to the transfer application. So, it would be difficult for her to travel to Kendrapara with a small child.

4.

Considering the above submissions, issue notice to the sole opp. party in the main case as well as in the I.A. 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. One set of process fee shall be accepted.

5.

List this matter on 17.08.2022.

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