Nilima @ Nillima Panda vs Manoj Kumar Acharya

Savitri Ratho, J

TRP(C) No. 309 of 2022 & I.A. No. 350 of 2022

This matter is taken up through hybrid mode.

This transfer petition under Section 24 of C.P.C. has been filed by the petitioner-wife for transfer of MAT C.S. Case No. 28 of 2021 filed by the opposite party-husband under Section 13 (1) of the Hindu Marriage Act, in the Court of learned Senior Civil Judge, Nilagiri, to the Court of learned Civil Judge (Senior Division), Udala.

Mr. Anupam Dash, learned counsel for the petitioner submits that on account of differences between the parties, the petitioner is now residing in village-Jaranata in her parent’s house and on account of neurological problem her mother suffers from paralysis on occasions and therefore she needs constant attention of the petitioner. The petitioner was earlier working as a nurse in a private Hospital in Balasore but since 2020, she has resigned from her job. Since she has no independent source of income, she has filed C.M.C. No.16 of 2019 under Section 125 of Cr.P.C. in the Court of learned S.D.J.M., Udala claiming maintenance from the opposite party along with an application for payment of interim maintenance. The opposite party has entered appearance in the case and filed his show cause. The application of the petitioner for payment of interim maintenance had been allowed and Criminal Revision No. 07 of 2021 filed against the said order has been dismissed in the Court of Sessions after which the opposite party has filed CRLMC No. 2206 of 2022 in this Court in which the petitioner has received notice. The petitioner has also initiated C.M.C. No. 54 of 2019 under Section 12 of the Protection of Women from Domestic Violence Act in the Court of learned S.D.J.M., Udala where the opposite party has appeared and filed his show cause. He further submits that since two cases are already pending in Udala, there should not be any inconvenience for the opposite party if MAT C.S. Case No. 28 of 2021 is also transferred to Udala. He also submits that the petitioner has filed her written statement in the case and the case is now posted in the month of November, 2022.

Considering the above submissions, issue notice to the sole opposite party in the TRP(C) as well as in the interlocutory application by Registered Post with A.D. returnable within four weeks, requisites for which shall be filed by 16.09.2022. One set of process fee be accepted.

List this matter on 31.10.2022.

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

………………………….