High CourtsSingle Bench

Malabaika Swain vs Durga Prasad Chhatoi

Orissa High Court · Decided on 1 August 2022 · Citation: (2022) 08 OHC CK 0009

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Civil Procedure, 1908 — Section 24 · Hindu Marriage Act, 1955 — Section 13(1)
CASE NUMBER
TRP (C) No.431 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

11 paragraphs · 254 words

Savitri Ratho, J

TRP (C) No.431 of 2021 & I.A.No.491 of 2021

1.

This matter is taken up by hybrid mode.

2.

Heard Mr. Sanket Kanungo, learned counsel for the petitioner.

3.

This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of MAT Case No.20 of 2021 filed by the opp. party-husband under Section-13 (1) of the Hindu Marriage Act in the Court of learned Civil Judge (Senior Division), Aska, Ganjam to the Court of learned Civil Judge (Senior Division), Malkangiri.

4.

Learned counsel for the petitioner submits that the petitioner is residing in Malkangiri with her daughter, aged about five years and she is also working in Malmangiri, for which it will be inconvenient for her to go to Aska, Ganjam, which is at a distance of 400 K.Ms from Malkangiri. He further submits that the petitioner has appeared in the aforesaid MAT case at Aska and now the case is posted to 4.8.2022 for filing of written statement.

5.

Considering the above submissions, issue notice to the opp. party in the main case as well as in the I.A. by Registered Post with A.D., requisites for which shall be filed by 04.08.2022. The notice shall be made returnable within four weeks.

6.

List this matter on 08.09.2022 for orders.

7.

Mr.S.S.Pradhan, learned Addl. Government Advocate is directed to obtain instruction if any Family Court is functioning in Malkangiri.

8.

A free copy of this order be handed over to learned Addl. Government Advocate for compliance.

………………………………….