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Judgment
Arindam Sinha, J
I.A. No.490 of 2021
1. Mr. Mallick, learned advocate appears on behalf of petitioner, who is the wife. He submits, his client’s husband has filed for divorce in the
Court of Civil Judge (Senior Division), Koraput. He draws attention to paragraph 3 in the petition (MAT Case no.3 of 2021) where opposite party-
husband has admitted that marriage was solemnized on 17th April, 2016 in Bhairpur, within Cuttack District. He submits, his wife’s parental home
is there. He seeks transfer of the divorce case to Family Court, Cuttack and interim order during pendency of this petition.
Section 19 in Hindu Marriage Act, 1955 provides for Court to which the petition shall be presented. In facts of this case, clauses (i) and (ii) in the
section require the petition to be presented before the competent Court at Cuttack. Clause (iii) may not be applicable to opposite party-husband since
he is seeking divorce. Clauses (iii-a) and (iv) do not apply in the case.
Issue notice along with copy of this order upon opposite party. Petitioner will put in requisites.
Proceedings in MAT Case no.3 of 2021 will remain stayed during pendency of this petition.
I.A. is disposed of.
List on 4th February, 2022.
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