Mamata Nayak Vs Narayan Nayak

G. Satapathy, J

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

The prayer of the petitioner in this application is for transfer of the proceeding in C.P. No. 386 of 2023 titled as “Narayan Nayak vrs. Mamata Nayak” pending in the file of learned Judge, Family Court, Balasore to the file of learned Judge, Family Court, Keonjhar.

Mr. S.S. Parida, learned counsel for the petitioner submits that the petitioner is a destitute lady and the learned Judge, Family Court, Keonjhar by way of an order passed in the proceeding U/S 125 of the Cr.P.C. has directed for paying maintenance to the petitioner @ Rs. 2,000/- and @ Rs. 1,000/- to the child of the petitioner, but instead of paying the maintenance amount, the O.P.-husband has filed this proceeding for grant of divorce only to harass the petitioner. On the other hand, none appears for the O.P.-husband despite being duly served with the notice of transfer application.

After having considered the submission as advanced for the petitioner and taking into consideration the averments taken in the transfer application, so also the documents annexed thereto and regard being had to the inconvenience of the petitioner-wife being a lady and taking into account the other circumstance on record, this Court directs transfer of the proceeding in C.P. No. 386 of 2023 titled as “Narayan Nayak vrs. Mamata Nayak” pending in the file of learned Judge, Family Court, Balasore to the file of learned Judge, Family Court, Keonjhar for disposal in accordance with law.

The transfer application is accordingly disposed of.

A copy of this order be communicated both to the learned Judge, Family Court, Balasore and learned Judge, Family Court, Keonjhar for compliance.

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