High CourtsSingle Bench

Simaranee Meher vs Achyutananda Meher

Orissa High Court · Decided on 23 September 2022 · Citation: (2022) 09 OHC CK 0184

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure, 1908 — Section 24 · Family Court Act, 1984 — Section 10 · Hindu Marriage Act, 1955 — Section 13(1)
CASE NUMBER
Transfer Petition (C) No.320 Of 2022
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Judgment

7 paragraphs · 263 words

Savitri Ratho, J

TRP (C) No.320 of 2022 & I.A. No.364 of 2022

1.

This application has been filed by the petitioner under Section 24 of C.P.C. read with Section 10 of the Family Court’s Act, seeking transfer of Matrimonial Case No.80 of 2021 filed by the opposite party-husband under Section 13 (1) of Hindu Marriage Act in the Court of learned Civil Judge (Senior Division), Khariar in the District of Nuapada, to the Court of learned Judge, Family Court, Bargarh.

2.

Mr.Das, learned counsel for the petitioner submits that the marriage of the parties had been solemnized on 20.05.2013 and they were blessed with a male child on 10.08.2016, but unfortunately the child expired on 12.10.2016 and they were blessed with another male child on 11.06.2018. On account of non-fulfillment of demand for dowry, the petitioner was ill-treated and forced to return her matrimonial house in the year, 2019 and since then, she has been staying in her parent’s house with her minor son in Bargarh. The distance between Nuapada and Khariar is about 220 K.Ms and as the petitioner has no independent source of income and is dependent on her parents for her sustenance, it would be inconvenient for her to go to Khariar to contest 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 Post with A.D., returnable within four weeks, requisites for which shall be filed by 27.09.2022. One set of process fee shall be accepted.

4.

List this matter on 10.11.2022..

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