Bharati Das vs Anil Kumar Bahalia

Biswanath Rath, J

This Transfer Petition has been filed by the Petitioner-Wife seeking transfer of Civil Proceeding No.17 of 2015 from the Court of Civil Judge

(Sr.Divn.), Jagatsinghpur to the Family Court, Cuttack.

Learned counsel for the Petitioner referring to the grounds taken in this Petition submitted that the Petitioner is a resident of Nivaran in the district

of Cuttack. The summons in the case involved is also directed in the address of Cuttack. For having no income and being a deserted lady, it is claimed

that the Wife-Petitioner is unable to attend the Civil Judge (Sr.Divn.), Jagatsinghpur. Further the Wife filed Cr.P. No.14/2016 against the Husband and

Crl. Misc. Case No.33 of 2016 before the Family Court, Cuttack. The application for interim maintenance was disposed of on contest by the Husband

at Cuttack itself. In the circumstance, a request is made for transfer of Civil Proceeding No.17 of 2015 from the Court of Civil Judge (Sr.Divn.),

Jagatsinghpur to the Family Court, Cuttack.

Considering the submission of the learned counsel for the Parties and finding the pleadings support the aforesaid grounds further for the hardship

with the Wife in travelling all the way from Cuttack to Jagatsinghpur, this Court feels it appropriate to direct transfer of Civil Proceeding No.17 of

2015 from the Court of Civil Judge (Sr.Divn.), Jagatsinghpur to the Family Court, Cuttack. The Petitioner is directed to serve a copy of this order on

the Civil Judge (Sr.Divn.), Jagatsinghpur within ten days hence and on receiving this order, the Civil Judge shall transmit the case records involving

Civil Proceeding No.17 of 2015 within two weeks thereafter to the Family Court, Cuttack for its doing the needful. This Court also directs the learned

Judge, Family Court, Cutttack to dispose of Civil Proceeding No.17 of 2015 within a period of nine months from the date of transmission of the

records.

This Court here records the undertaking of the learned Counsel for the Parties that they will not take unnecessary adjournments and will cooperate

with the Family Court, Cuttack for timely disposal of the Civil Proceeding.

With the above observation and direction, the Transfer Petition stands disposed of.

Issue urgent certified copy.

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