Orissa High Court
TRP(C)/87/2019 on 19 February, 2020
Author: D. Dash
Bench: D. Dash
TRP(C) NO. 87 OF 2019
03. 19.02.2020 The petitioner by filing this application under
section 24 of the Code of Civil Proceeding has prayed
for transfer of C.P. Case No. 321 of 2018 from Family
Court, Kendrapara to the Family Court, Bhubaneswar.
Learned counsel for the petitioner submits that
this petitioner after desertion is residing at
Bhubaneswar and she has initiated a proceeding under
section 125 of the Cr.P.C. as also under the PWDV Act;
at Bhubaneswar. He submits that this opposite party is
all along defending the proceedings under 125 of the
Cr.P.C. and the proceeding under PWDV Act at
Bhubaneswar. It is his submission that this opposite
party has filed the application under section 13(1) of
the Hindu Marriage Act for dissolution of his marriage
with the petitioner at Kendrapara and when the
petitioner is pursuing two legal proceeding at
Bhubaneswar, it would be of great hardship for her to
proceed to Kendrapara in defending the action for
divorce taken against her.
Learned counsel for the opposite party submits
that presently, the opposite party is residing at
Kendrapara and as the court of Kendrapara has the
jurisdiction, he has rightly filed the application for
divorce in the court at Kendrapara. He however does
not dispose that the proceeding under section 125 of
the Cr.P.C. and PWDV Act are running in the court at
Bhubaneswar and the opposite party is defending the
same. It is his submission that now as had been
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claimed by the petitioner; this opposite party is no
longer in service.
Considering the submissions made and taking
into account the fact situation as above, in my
considered view, the interest of justice would be better
served, if the case is transferred from the court of the
Family Court, Kendrapara to Family Court,
Bhubaneswar. Accordingly, order is passed for transfer
of C.P. No.321 of 2018 pending in the Family Court,
Kendrapara to the Family Court, Bhubaneswar with a
further direction to the learned Judge, Family Court,
Bhubaneswar to conclude the proceeding, as
expeditiously as possible, preferably within a period of
six months from the date of first appearance of the
parties.
In order to arrest the delay, the parties are
directed to appear on 17.03.2020 before the Family
Court, Bhubaneswar to receive further instruction in
the matter.
A copy of the order be communicated to both the
courts forthwith for necessary actions at their end.
Interim order passed on 16.04.2019 shall stand
vacated.
The TRP(C) is accordingly disposed of.
Issue urgent certified copy as per rules.
..........................
D. Dash, J.
Narayan =3=