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Judgment
G. Satapathy, J
TRP(C) Nos.216 & 395 of 2019
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Since both these transfer applications relates to same parties, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
In transfer application No. 216 of 2019, the Petitioner-wife seeks transfer of the proceeding instituted by the OP-husband in CP No. 45 of 2019 for restitution of conjugal right U/S.9 of the Hindu Marriage Act, whereas in the other transfer application, the Petitioner-wife seeks transfer of the proceeding in CP No. 56 of 2019 for dissolution of marriage U/S.13 of the Hindu Marriage Act and in both the applications, the Petitioner seeks for transfer of the proceeding to the Court of learned Civil Judge(Sr. Divin), Athamallik.
Heard, Mr. S.K. Dwibedi, learned counsel for the Petitioner-wife and Ms. B. Tripathy, learned counsel for the OP-husband in both the transfer applications and perused the record. At the inception, Ms. B. Tripathy, learned counsel for the OP-husband volunteers that the OP-husband has got no objection, if both the proceedings are transferred to the Court of learned Civil Judge (Sr.Divn), Athamallik for disposal in accordance with law, but her limited prayer and grievance is that both the proceedings may kindly be disposed of in a time bound manner.
In view of the aforesaid undisputed submissions made by the parties, this Court disposes of both the transfer applications directing transfer of both the proceedings in CP No. 45 of 2019 & C.P. No. 56 of 2019 to the Court of learned Civil Judge(Sr. Divn), Athamallik for disposal in accordance with law. It is, however, made clear that the learned Civil Judge (Sr. Divn), Athamallik would do well to dispose of above civil proceedings within a reasonable period preferably within six months after following due procedure of law.
A copy of this order be communicated to the learned Judge, Family Court, Boudh and learned Civil Judge (Sr. Divn), Athamallik for compliance. Both the parties are, accordingly, directed to appear before the learned Civil Judge (Sr. Divn), Athamallik on 28th November, 2023 to take further instruction.
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