Soumyarani Mohapatra vs Himanshu Bhusan Rout

Savitri Ratho, J

TRP (C) No.175 of 2022 & I.A. No.192 of 2022

This matter is taken up by hybrid mode.

This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of C.P. No.287 of 2022 filed by the opp. party-husband under Section-9 of the Hindu Marriage Act, 1955 in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Khurda (Camp Court), Banpur.

Mr. Mohanty, learned counsel for the petitioner submits that after ill-treatment and harassment by the opp. party-husband, she was driven out from the house along with two minor children, i.e. one son and one daughter, aged about 5 years and 3 years. Presently, she is living in Banpur with her father, as she has no independent source of income and is dependant on her father for day to day expenses. He further submits that the distance between Bhubaneswar and Banpur is about 100 K.Ms, for which it would be difficult for her to come to Bhubaneswar on each date to defend the case. He further submits that the petitioner has filed Criminal Petition No.232 of 2021 in the Court of learned Judge, Family Court, Khurda), (Camp Court), Banpur, where notice has been issued to the opp. party.

Considering the above submissions, issue notice to the sole opp. party in the main case as well as in the I.A. by Registered/Speed Post with A.D., requisites for which shall be filed within a week. The notice shall be made returnable within four weeks. One set of process fee shall be accepted.

List this matter on 25.08.2022.

In the interim, further proceeding in C.P. No.287 of 2022 pending in the Court of learned Judge, Family Court, Bhubaneswar shall remain stayed till the next date.

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

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