Orissa High Court
Unknown vs 3 28.6.2021 This Matter Is Taken Up ... on 28 June, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
TRP(C) NO.165 OF 2021
3 28.6.2021 This matter is taken up through Video
Conferencing.
Heard Sri A.K.Panda, learned counsel for the
Petitioner.
This Transfer Petition has been filed by the
Petitioner-Wife seeking transfer of Mat. No.17/2021 from the
Court of Civil Judge (Sr.Divn.), Chatrapur to the Court of Civil
Judge (Sr.Divn.), Aska.
Sri Panda, learned counsel for the Petitioner
referring to the grounds taken in this Petition submitted that
the Petitioner is unemployed having three years minor child
and a resident of Subarna Peta Street, Aska. The summons in
the case involved is also directed in the address of Aska. For
having no income, it is claimed that the Wife-Petitioner is
unable to attend the Court of Civil Judge (Sr.Divn.), Chatrapur.
In the circumstance, a request is made for transfer of Mat.
No.17/2021 from the Court of Civil Judge (Sr.Divn.), Chatrapur
to the Court of Civil Judge (Sr.Divn.), Aska.
Considering the submission of Sri Panda, learned
counsel for the Petitioner and finding the pleadings support the
aforesaid grounds, further for the hardship with the Wife in
travelling all the way from Aska to Chatrapur, this Court feels
it appropriate to direct transfer of Mat. No.17/2021 from the
Court of Civil Judge (Sr.Divn.), Chatrapur to the Court of Civil
Judge (Sr.Divn.), Aska.
The Petitioner is directed to serve a copy of this
order on the Civil Judge (Sr.Divn.), Chatrapur within ten days
m
hence and on receiving this order, the Civil Judge shall
transmit the case records involving Mat. No.17/2021 within
two weeks thereafter to the Court of Civil Judge (Sr.Divn.),
Aska for its doing the needful. This Court also directs the Civil
Judge (Sr.Divn.), Aska to dispose of Mat. No.17/2021 within a
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period of nine months from the date of transmission of the
records. Upon receipt of the record, if the Civil Judge (Sr.Divn.),
Aska finds, the husband-Opposite Party fails to appear
voluntarily, notice may be issued to the Husband-Opposite
Party for appearing in the Proceeding.
This Court here records the undertaking of the
Wife-Petitioner through her Counsel that she will not take
unnecessary adjournments and will cooperate with the Civil
Judge (Sr.Divn.), Aska for timely disposal of the Mat.
Proceeding. Since this order is passed only hearing the learned
counsel for the Wife-Petitioner, but however, taking into
consideration the reasons assigned herein above, this Court
permits the Husband-Opposite Party, in the event of hard
necessity, may apply for modification of this order.
This order will be communicated to the Husband-
Opposite Party at the cost of the Wife-Petitioner, for which
requisites by way of Speed Post with A.D. shall be filed within a
period of three working days hence.
With the above observation and direction, the
Transfer Petition stands disposed of.
As restrictions due to the COVID-19 situation are
continuing, learned counsel for the parties may utilise the soft
copy of this order available in the High Court's Website or Print
Out thereof at par with certified copies in the manner
prescribed, vide Court's Notice No.4587 dated 25th March, 2020
subject to it being attested by the Advocate concerned.
..............................
Biswanath Rath, J.
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