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Kalpana Swain vs Siba Sankar Sahoo

Orissa High Court · Decided on 11 August 2022 · Citation: (2022) 08 OHC CK 0107

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Section 24 · Hindu Marriage Act, 1955 — Section 13
CASE NUMBER
TRP (C) No. 129 Of 2021
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Judgment

9 paragraphs · 266 words

Savitri Ratho, J

TRP (C) No.129 of 2021 & I.A. No.140 of 2021

1.

This matter is taken up through hybrid mode.

2.

Heard Mr.A.K.Sahoo, learned counsel for the petitioner.

3.

This application has been filed by the petitioner-wife under Section-24 of the C.P.C. for transfer of C.P. Case No.58 of 2021 filed by the opposite party-husband under Section-13 of the Hindu Marriage Act in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Kendrapara.

4.

Mr. Sahoo, learned counsel for the petitioner submits that after the petitioner was driven out from her matrimonial house, she is staying in her father’s house with her minor daughter aged about 6 years at Singhalo under Kendrapara Sadar Police Station, which is about 120 kms distance from Bhubaneswar and as the opposite party is not paying her any maintenance, she has filed CRP No.150 of 2020 in the Court of learned Judge, Family Court, Kendrapara claiming monthly maintenance and notice has been issued to the opposite party in the said case and the case is fixed to 05.09.2022 for his appearance. He further submits that the petitioner could not appear in the C.P. Case No.58 of 2021 which was posted to 05.04.2021 for her appearance.

5.

Considering the above submissions, issue notice to the opposite party in TRP (C) as well as in the I.A. by Registered Post with A.D., requisites for which shall be filed by 16.08.2022. The notice shall be made returnable within four weeks. One set of process fee shall be accepted.

6.

List this matter on 19.09.2022.

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