Orissa High Court
TRP(C)/54/2020 on 3 March, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
TRP (C) No.54 of 2020
6. 3.03.2021 Heard Mr. S.K. Pradhan, learned counsel for
Petitioner and Dr. N. Swain, learned counsel for the sole
Opposite Party.
This Transfer Petition has been filed by the wife-
Petitioner seeking transfer of the C.P. No.208 of 2019 from
the Court of learned Judge, Family Court, Bhubaneswar to
the Court of learned Civil Judge (Sr. Divn.), Aska, Ganjam.
Mr. S.K. Pradhan, learned counsel for Petitioner
referring to the grounds taken in this petition submitted that
as the Petitioner is an unemployed lady and dependant on
her parents, presently residing at Ganjam, it is difficult on
her part to bear the travelling expenses and other related
expenditure for attending the proceeding pending in the
Court of the learned Judge, Family Court, Bhubaneswar.
Dr. N. Swain, learned counsel for the Opposite Party-
husband, on the other hand, drawing the attention of this
Court to several aspects requested for dismissal of the
Transfer Petition.
Considering the submissions made by the parties,
looking to the financial status of the wife-Petitioner and as
the husband-Opposite Party has mentioned the address of
the wife-Petitioner to be a resident of Ganjam in C.P. No.208
of 2019, this Court observes, there would be no difficulty, if
the case of the husband gets transferred to the Court of
learned Civil Judge (Sr. Divn.), Aska, Ganjam, rather it
would be convenient for both the parties to attend the
proceeding at Ganjam. In the process, this Court directs for
transfer of the C.P. No.208 of 2019 from the Court of learned
Judge, Family Court, Bhubaneswar to the Court of learned
Civil Judge (Sr. Divn.), Aska, Ganjam.
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Petitioner is directed to serve a copy of this order on
the learned Judge, Family Court, Bhubaneswar within a
period of ten days hence and on receiving this order, the
learned Judge, Family Court, Bhubaneswar shall transmit
the case records involving C.P. No.208 of 2019 within a
period of two weeks thereafter, to the Court of learned Civil
Judge (Sr. Divn.), Aska, Ganjam for its doing the needful. For
the nature of dispute between the parties, the learned Civil
Judge (Sr. Divn.), Aska, Ganjam is also directed to have a
settlement/conciliation between the parties for at least two
dates. In the event of failure of conciliation, the learned Civil
Judge (Sr. Divn.), Aska, Ganjam shall proceed to dispose of
the proceeding vide C.P. No.208 of 2019, as expeditiously, as
possible preferably within a period of nine months from the
date of transmission of the records. Both the parties are also
directed to bring the order of this Court to the notice of the
learned Judge, Family Court, Bhubaneswar about transfer of
the proceeding.
Since this order is passed in presence of both the
parties, this Court here records the undertaking of both the
parties through their respective counsel that they will co-
operate the learned Civil Judge (Sr. Divn.), Aska, Ganjam in
timely disposal of the Civil Proceedings and will not create
any problem for each other in appearing in the proceeding at
Aska, Ganjam.
It is further directed that if the husband-Opposite
Party feels insecure in attending the proceeding at Aska, it is
open to him to file appropriate application before the learned
Civil Judge (Sr. Divn.), Aska, Ganjam and the same shall be
considered and disposed of giving opportunity of hearing to
both the parties and also entering into necessary inquiry and
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if required, necessary protection may be provided to the
husband-Opposite Party.
With the above observation and direction the Transfer
Petition stands disposed of.
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(Biswanath Rath, J.) Ayas