Kalpita Pradhan vs Susanta Kumar Swain

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. 337 of 2021 pending in the file of learned Judge, Family Court, Bhadrak (titled as “Susanta Kumar Swain v. Kalpita Pradhan”) to the learned Judge, Family Court, Cuttack.

Mr. B.B. Singh, learned counsel for the Petitioner submits that the Petitioner is the wife of OP who has filed a proceeding against her before the learned Judge, Family Court, Bhadrak in CP No. 337 of 2021 for dissolution of marriage, but the Petitioner-wife is presently residing at Cuttack and another three cases are pending between the parties in

different Courts at Cuttack and in all the cases, the OP-husband has already appeared and the in order to harass the Petitioner-wife, the OP-husband has filed the divorce proceeding at Jajpur and therefore, for convenience of the parties and in the interest of justice, the preset divorce proceeding pending before the learned Judge, Family Court, Bhadrak may kindly be transferred to the learned Judge, Family Court, Cuttack.

On the other hand, Mrs. B. Mohanty, learned counsel appearing on behalf of Mr. P.K. Sahoo, learned counsel for OP-husband submits that the OP-husband is ready and willing to bear the cost of the Petitioner-wife for her appearance and participation in the civil proceeding at Bhadrak and, thereby, the present CP proceeding may not be transferred to the learned Judge, Family Court, Cuttack.

After having considered the rival submissions and on going through the materials placed on record keeping in view the comparative inconvenience of the parties and regard being had to the fact that the other proceedings are pending before different Courts at Cuttack, this Court feels that the interest of justice could be best served, if the proceeding in CP No. 337 of 2021 pending before the file of learned Judge, Family Court, Bhadrak is transferred to learned Judge, Family Court, Cuttack.

In the result, the transfer application stands allowed on contest, but in the circumstance, there is no order as to costs. Consequently, the proceeding in CP No. 337 of 2021 pending before the file of learned Judge, Family Court, Bhadrak be transferred to learned Judge, Family Court, Cuttack. The parties are directed to cooperate and appear before the learned Judge, Family Court, Cuttack on 20th November, 2023 to take further instruction.

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

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