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Manika Das @ Mamata Kunar vs Satyanarayan Das

Orissa High Court · Decided on 3 August 2022 · Citation: (2022) 08 OHC CK 0039

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Section 24 · Code Of Criminal Procedure, 1973 — Section 125 · Hindu Marriage Act, 1955 — Section 13(i)(e)
CASE NUMBER
TRP(C) No. 241 Of 2022
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Judgment

12 paragraphs · 388 words

Savitri Ratho, J

TRP(C)No. 241 of 2022 & I.A. No. 268 of 2022

1.

This matter is taken up through hybrid mode.

2.

Learned counsel for the petitioner files an affidavit pertaining to date of marriage of the petitioner in Court today. The same be kept on record.

3.

The transfer petition has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of C.P. No. 138 of 2022 filed by the opposite party-husband under Section 13 (i) (e) of the Hindu Marriage Act in the court of learned Judge, Family Court, Puri, to the learned Judge, Family Court, Cuttack.

4.

Mr. D.K. Panda, learned counsel for the petitioner submits that the petitioner has been tortured and assaulted by her husband and is apprehending danger to her life. She is now residing along with her two years old son in her parent’s house at Khalaradha in the District of Cuttack and as the distance between Puri and Cuttack is about 110 km., it is inconvenient for her to go to Puri to defend her case. She has no independent source of income and her husband is not paying her any maintenance. She has filed Criminal Proceeding No. 98 of 2022 in the court of learned Judge, Family Court, Cuttack in which notice has been issued to the opposite party. Since the opposite party has to come to Cuttack to contest the proceeding under Section 125 Cr.P.C., no inconvenience will be caused to him if C.P. No. 138 of 2022 is transferred to the Court of the learned Judge, Family Court, Cuttack. He further submits that the case was posted to 14.07.2022, but the petitioner could not appear on the said date.

5.

Considering the above submissions, issue notice to the opposite party in the TRP(C) as well as in the interlocutory application.

6.

Requisites for issuance of notice on the sole Opposite Party by Registered Post/ Speed Post with A.D shall be filed by 08.08.2022. Notice be issued making it returnable within four weeks. One set of process fee be accepted.

7.

List this matter on 21.09.2022.

8.

In the interim, further proceeding in C.P. No. 138 of 2022 pending in the court of learned Judge, Family Court, Puri shall remain stayed till 23.09.2022.

Urgent certified copy of this order be granted on proper application.

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