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Judgment
11 paragraphs · 337 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the Petitioner and learned counsel for the Opposite Party.
The Petitioner-wife seeks transfer of C.P. No.19/2023 filed by the Opposite Party-husband from the Court of the learned Judge, Family Court, Nayagarh to the court of learned Judge, Family Court, Khurda. Prayer for transfer is made on the ground that the Petitioner is residing within the territorial limits of the Judge, Family Court, Khurda. Further, she has no independent source of income and is residing with her parents. She further apprehends danger to her life at Nayagarh.
Mr. A. Tripathy, learned counsel appearing for the Opposite Party-husband has opposed the prayer for transfer by submitting that the application for transfer has been made only to harass his client and that the allegation of threat to life is entirely false.
Considering the rival submissions and the facts of the case, this Court is of the view that ends of justice would be better served if the case is transferred from Nayagarh to Khurda as it would be more convenient to the Petitioner, who is a lady dependent on her parents. Moreover, the Opposite Party-husband can also appear through virtual mode, if he so desires, by obtaining necessary permission from the Court.
For the foregoing reasons therefore, the TRP (C) is allowed. It is directed that the proceeding in C.P. No.19/2023 pending in the Court of learned Judge, Family Court, Nayagarh, shall be transferred to the Court of learned Judge, Family Court, Khurda for disposal in accordance with law.
The learned Judge, Family Court, Khurda shall, upon receipt of the records, issue notice of appearance to both parties and proceed thereafter.
It shall be open to the Opposite Party-husband to seek necessary permission for appearing through virtual mode. Further, the Court below shall not insist upon personal attendance of the parties unless absolutely necessary.
Urgent certified copy of this order be granted on proper application.
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