Subhada Priyadarsini Dash vs Sarthak Shovan Tripathy

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned counsel for the Opposite Party.

The Petitioner-wife seeks transfer of the divorce proceeding filed by the Opposite Party-husband being Civil Proceeding No.362/2023 from the Court of the learned Judge, Family Court, Bhubaneswar to the court of learned Judge, Family Court, Jagatsinghpur. Prayer for transfer has been made on the ground that the Petitioner is residing at Jagatsinghpur and has also filed an application claiming maintenance under Section 125 of Cr.P.C. at Jagatsinghpur. The Opposite Party-husband has appeared in the said case and is contesting the same.

Learned counsel appearing for the Opposite Party-husband does not dispute the above fact, but objects to the prayer for transfer on the ground that it would be difficult on his part to travel to Jagatsinghpur on the dates of posting of the case.

This Court finds that the Petitioner being a lady is residing within the territorial limits of the Court at Jagatsinghpur. Moreover, she has already filed an application under Section 125 of Cr.P.C. in which the Opposite Party has entered appearance. As compared to the Opposite Party obviously, the Petitioner being a lady would face more inconvenience if the case is allowed to continue at Bhubaneswar instead of Jagatsinghpur. Moreover, the Opposite Party-husband can also appear through virtual mode, if he so desires, by obtaining necessary permission from the Court.

For the foregoing reasons therefore, the TRP (C) is allowed. It is directed that the proceeding in C.P. No.362/2023 pending in the Court of learned Judge, Family Court-I, Bhubaneswar shall be transferred to the Court of learned Judge, Family Court, Jagatsinghpur for disposal in accordance with law.

The learned Judge, Family Court, Jagatsinghpur shall, upon receipt of the records, issue notice of appearance to both parties and proceed thereafter.

It shall be open to the Opposite Party-husband to seek necessary permission for appearing through virtual mode. Further, the Court below shall not insist upon personal attendance of the parties unless absolutely necessary.

Urgent certified copy of this order be granted on proper application.

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