AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
8 paragraphs · 375 wordsSavitri Ratho, J
TRP (C) No.335 of 2022 & I.A. No.378 of 2022
This application has been filed by the petitioner under Section 24 of C.P.C. seeking transfer of C.P. No.72 of 2022 filed by the opposite party-husband under Section 7 of the Family Court Act, 1984 read with Section 9 of the Hindu Marriage Act, 1955 in the Court of learned Judge, Family Court, Keonjhar, to the Court of learned Judge, Family Court, Bhadrak.
Mr. Sahoo, learned counsel for the petitioner submits that the petitioner has filed C.P. No.182 of 2022 in the Court of learned Judge, Family Court, Bhadrak under Section 13 of the Hindu Marriage Act and after the opposite party received notice in the said C.P. in order to harass the petitioner, he has filed C.P. No.72 of 2022 in the Court of learned Judge, Family Court, Keonjhar. He further submits that the petitioner is staying with her uncle in Bhadrak and looking after her minor daughter who is studying in School at Bhadrak. He further submits that the distance between Bhadrak and Keonjhar is about 125 K.Ms and the petitioner has no independent source of income, so she will face inconvenience for travelling to Keonjhar to contest the case. He further submits that C.P.No.72 of 2022 is posted to 21.11.2022 for conciliation and the petitioner has entered appearance through her counsel in the said case.
Normally, in view of the nature of the proceedings under Section 9 of the Hindu Marriage Act, this Court does not entertain applications for transfer, but issues directions for mitigating the inconvenience which is likely to be faced by the wife. In the present case, as C.P. No.182 of 2022 filed by the petitioner under Section 13 of the Hindu Marriage Act is pending in the Court of the learned Judge, Family Court, Bhadrak, it would be expedient in the interest of justice to entertain the application for transfer.
Issue notice to the opposite party in the TRP (C) as well as in the I.A. through Registered Post with A.D., returnable within four weeks, requisites for which shall be filed by 28.09.2022. One set of process fee shall be accepted.
List this matter on 15.11.2022 under the heading “Orders”..
............................................