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Judgment
S.K. Mishra, J.
TRP(C) No.72 of 2023 has been preferred by the Petitioner-wife under Section 24 of the Code of Civil Procedure, for transfer of the proceeding in C.P. Guardianship Misc. Case No.230 of 2022, pending in the Court of learned Judge, Family Court, Nayagarh, to the Court of learned Civil Judge (Sr. Division), Banki on the grounds detailed in the transfer petition.
Similarly, TRP(C) No.467 of 2022 has been preferred by the Petitioner-wife under Section 24 of the Code of Civil Procedure, for transfer of the proceeding in C.P. No.189 of 2022, pending in the Court of learned Judge, Family Court, Nayagarh, to the Court of learned Civil Judge (Sr. Division), Banki on the grounds detailed in the said transfer petition.
The parties to both the transfer petitions and the grounds, on which the prayers have been made in both the transfer petitions, being the same, both the transfer petitions are taken up for hearing and disposal vide the common judgment.
Heard Mr. Hemanta Kumar Tripathy, learned Proxy Counsel, on behalf of Mr. A.K. Panda, learned Counsel for the Petitioners so also Mr. D.R. Mishra, learned Counsel for the Opposite Party.
It is revealed from the record that both the parties were sent for mediation. As per report submitted by the learned Mediator on 30.06.2023, the mediation became successful. However, the learned Proxy Counsel for the Petitioners submits, as per the instruction received, though mediation became successful, both of them lived jointly as husband and wife for a short period. Thereafter, again being tortured, the Petitioner-wife and her minor daughter were forced to leave the house of the Opposite Party-husband. Accordingly, learned Proxy Counsel for the Petitioners prays for transfer of the proceedings, as prayed in both the Transfer Petitions.
On being asked, Mr. Mishra, learned Counsel for the Opposite Party-husband submits, as per the instruction received, his client has no objection to the prayers made in both the transfer petitions. However, he submits that as C.P. Guardianship Misc. Case No.230 of 2022 so also C.P. No.189 of 2022 are pending since last four years, both the said cases be targeted for early disposal.
In view of the submissions made by the learned Counsel for the Petitioners, pleadings made in both the transfer petitions and the concession made by the learned Counsel for the Opposite Party-husband, this Court is inclined to allow the prayers made in both the transfer petitions.
Accordingly, the learned Judge, Family Court, Nayagarh is directed to transmit the case record in C.P. Guardianship Misc. Case No.230 of 2022 so also C.P. No.189 of 2022 to the Court of learned Civil Judge (Sr. Division), Banki at the earliest, preferably within a period of seven days from the date of production of certified copy of this Judgment.
On receiving the case record in C.P. Guardianship Misc. Case No.230 of 2022 so also C.P. No.189 of 2022 from the Court of learned Judge, Family Court, Nayagarh, the Court of learned Civil Judge (Sr. Division), Banki shall re-register the said cases, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceedings by the end of March, 2027.
To avoid delay and notice, both the parties are directed to make a query themselves or through their Counsel from the Court of learned Civil Judge (Sr. Division), Banki to ascertain the date and purpose of posting of C.P. Guardianship Misc. Case No.230 of 2022 so also C.P. No.189 of 2022 and participate in the said proceeding.
Both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Civil Judge (Sr. Division), Banki for early disposal of C.P. Guardianship Misc. Case No.230 of 2022 so also C.P. No.189 of 2022, as directed above.
With the aforesaid said observation and direction, both the transfer petitions stand allowed and disposed of.
Office is directed to communicate a copy of this Judgment to the Court of learned Judge Family Court, Nayagarh so also the Court of learned Civil Judge (Sr. Division), Banki enabling the said Courts to act in terms of the observations made above.
Urgent certified copy of this Judgment be granted on proper application as per rules.