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Priyanka Behera vs Ajit Behera

Orissa High Court · Decided on 27 September 2022 · Citation: (2022) 09 OHC CK 0210

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Section 24 · Hindu Marriage Act, 1955 — Section 13(ia), 13(ib) · Indian Penal Code, 1860 — Section 34, 312, 323, 498(A), 506 · Dowry Prohibition Act, 1961 — Section 4
CASE NUMBER
Transfer Petition (C) No.334 Of 2022
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Judgment

10 paragraphs · 304 words

Savitri Ratho, J

TRP (C) No.334 of 2022 & I.A. No.377 of 2022

1.

This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of C.P.No.382 of 2021 filed by the opposite party-husband under Section 13 (ia) (ib) of the Hindu Marriage Act in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge Family Court, Jeypore.

2.

Learned counsel for the petitioner submits that the marriage of the parties had been solemnized on 28.06.2007 but due to demand for further dowry, the opposite party and his mother tortured the petitioner for which the petitioner has lodged the F.I.R. at Laxmipur Police Station leading to Registration of Laxmipur P.S. Case No.85 of 2019 under Sections 498 (A)/323/312/506/34 of I.P.C. read with Section 4 of the D.P. Act. The petitioner is staying with her son in her father’s house at Laxmipur which is more than 400 K.Ms from Bhubaneswar for which it would be inconvenient for her to go to Bhubaneswar to contest the case.

3.

Mr. Nayak, learned counsel for the petitioner submits that the C.P. Case had been posted to 22.08.2022 and the petitioner did not appear on the said date and now the case is posted to 13.10.2022 for her appearance.

4.

Considering the above submissions, issue notice to the opposite party in the TRP (C) as well as in the I.A. through Registered/Speed post with A.D., returnable within four weeks, requisites for which shall be filed by 30.09.2022. One set of process fee shall be accepted.

5.

List this matter on 16.11.2022.

6.

In the interim, further proceeding in C.P.No.382 of 2021 pending in the Court of learned Judge, Family Court, Bhubaneswar shall remain stayed till the next date.

7.

Urgent certified copy of this order be granted as per rules.

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