Smita Sahu vs Narendra Sahoo

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

This transfer application has been filed by the wife of the opposite party seeking transfer of C.P. No. 103 of 2019 pending in the Court of learned Judge, Jajpur to the Court of learned Judge, Family Court-II, Bhubaneswar. The said case has been filed by the opposite party husband under Section 13(i)(i-a) of Hindu Marriage Act. The transfer of the proceeding is sought on the ground that the petitioner wife is residing at Bhubaneswar since 2011, Further a female child has been born to her on 24.03.2013, who is studying at Bhubaneswar.

It is submitted by learned counsel for the petitioner that looking at the above facts it would be highly inconvenient on the part of the petitioner wife to travel to Jajpur from Bhubaneswar to attend the Court on the dates of posting of the case.

Mr. J. Panda, learned counsel for the opposite party husband submits that the opposite party is working in a garage at Naharkanta near Mancheswar. He further submits that the petitioner is seeking transfer only to harass him.

Considering the submissions as above and particularly having regard to the fact that both the parties appear to be residing in Bhubaneswar it would be convenient for both of them if the case is transferred from Jajpur to Bhubaneswar.

For the foregoing reasons therefore, the transfer application is allowed. It is directed that the C.P. No.103 of 2019 pending in the Court of Learned Judge, Family Court, Jaipur shall be transferred to the Court of learned Judge Family Court-II, Bhubaneswar for disposal in accordance with law.

Learned Judge, Family Court, Jajpur shall transmit the records as early as possible and in any case within two weeks from the date of production of certified copy of this order. Further, learned Judge Family Court-II, Bhubaneswar upon receipt of the records shall fix a date and intimate the parties accordingly.

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