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Orissa High Court

Snehanjali Parida vs Sibaram Biswal ..... Opposite Party on 14 August, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             TRP (C) No.239 of 2018

        Snehanjali Parida                   .....                       Petitioner

                                                      Represented by Adv. -
                                                      Mr.N.C.Rout

                                      -versus-
        Sibaram Biswal                      .....                  Opposite Party

                                                     Represented by Adv.-
                                                     Mr. J.Samantaray

                                      CORAM:
            THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA


                                       ORDER

Order No. 14.8.2024.

04. 1. This matter is taken up through hybrid mode.

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

3. The Petitioner, being the wife of the Opposite Party has filed this application seeking transfer of MAT Case No.12/2018 pending in the court of learned Civil Judge (Senior Division), Aska to the court of learned Civil Judge (Sr. Division), Malkangiri. The transfer application has been filed on the ground that the Petitioner is presently residing in her parents' house at Malkangiri along with her small child. She neither has any financial support nor source of income. She is dependent Page 1 of 1 // 2 // on her parents. As such, it would be difficult on her part to travel to Aska to attend the case on each date of its posting.

4. Considering the submissions as above and the grounds cited for transfer of the case, I am inclined to allow the same. The transfer application is allowed. It is directed that the proceeding in MAT Case No.12/2018 pending in the court of learned Civil Judge (Senior Division), Aska shall be transferred to the court of learned Civil Judge (Senior Division), Malkangiri, for disposal in accordance with law.

5. The learned Civil Judge (Senior Division), Malkangiri, shall, upon receipt of the records, issue notice of appearance to both parties and proceed thereafter.

6. 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.

7. The TRP(C) is accordingly disposed of.




                                                                         (Sashikanta Mishra)
                      AKB                                                       Judge




Signature Not Verified
Digitally Signed
Signed by: ASHOK KUMAR BEHERA
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Aug-2024 10:49:50                                                            Page 2 of 2