High CourtsSingle Bench

Rashmita Acharya vs Subrat Kumar Naik

Orissa High Court · Decided on 27 September 2022 · Citation: (2022) 09 OHC CK 0211

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Section 24 · Hindu Marriage Act, 1955 — Section 13(1)(ia)
CASE NUMBER
Transfer Petition (C) No.341 Of 2022
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Judgment

9 paragraphs · 248 words

Savitri Ratho, J

TRP (C) No.341 of 2022 & I.A. No.384 of 2022

1.

This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of Civil Proceeding No.49 of 2022 filed by the opposite party-husband under Section 13 (1) (i-a) of the Hindu Marriage Act in the Court of learned Judge, Family Court, Jharsuguda, to the Court of learned Judge Family Court, Puri.

2.

Mr. Tripathy, learned counsel for the petitioner submits that the marriage of the parties had been solemnized on 5.2.2010 at Puri and a son was born to them on 21.5.2011 and a daughter was born on 27.07.2018. Due to ill-treatment by the opposite party and his family members, the petitioner is staying with her parents at Puri and as the distance between Jharsuguda and Puri is more than 500 K.Ms, it would be inconvenient for the petitioner to go to Jharsuguda to attend the case.

3.

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.

4.

List this matter on 16.11.2022.

5.

In the interim, further proceeding in Civil Proceeding No.49 of 2022 pending in the Court of learned Judge, Family Court, Jharsuguda shall remain stayed till the next date.

6.

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

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