High CourtsSingle Bench(2023) 10 OHC CK 0069

Amit Bagaria vs Abhimanyu Mallick

Orissa High Court · Decided on 11 October 2023

HON’BLE JUDGES
G. Satapathy, J
CASE NUMBER
TRPCRL No. 93 Of 2023

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Judgment

8 paragraphs · 245 words

G. Satapathy, J

TRPCRL No. 93 of 2023 and I.A. No. 84 of 2023

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Mr. P.K. Nayak, learned counsel for the petitioner submits that the petitioner is the husband of O.P., who has filed a proceeding against him before the learned Judge, Family Court, Bhadrak in C.R.P. No. 256 of 2023 for grant of maintenance U/S 125 of the Cr.PC., but the petitioner is a physically challenged person being deaf and dumb and thereby he is unable to move to Bhadrak as there is no direct communication between Rourkela and Bhadrak. On the aforesaid ground, the petitioner has prayed for transfer of the aforesaid proceeding to the Court of learned Judge, Family Court, Cuttack.

3.

In support of such contention, learned counsel for the petitioner has filed a copy of order passed on 19.12.2005 by this Court in TRP(C) No. 44 of 2005 directing transfer of the divorce proceeding pending as on then between the parties from the learned Judge, Family Court, Rourkela to the learned Judge, Family Court, Cuttack.

4.

In view of the aforesaid submission, issue notice against O.P. in the TRP(C) as well as in the I.A. by Registered Post /Speed Post with A.D. making it returnable by the next date. Requisites for issuance of notice against O.P. shall be filed within three working days. Accept one set of process fee.

5.

List this matter on 13th November, 2023.

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