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Judgment
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
Since both the transfer applications relate to the same Petitioner and OP and the proceedings being pending before the learned Judge, Family Court, Jagatsinghpur, the aforesaid two transfer applications are taken up together.
Ms. S. Routray, learned counsel for the Petitioner submits that the Petitioner is the wife of OP who has filed a proceeding before learned Judge, Family Court, Jagatsinghpur in C.P. No. 168 of 2023 for grant of divorce, but the Petitioner is a poor lady and she cannot attend the Court at Jagatsinghpur in the aforesaid proceeding and she, therefore, prays for transfer of the aforesaid proceeding to the learned Judge, Family Court, Jajpur. Ms. S. Routray also brings to the notice of the Court that the Petitioner has also filed another transfer application in TRP(C) No. 52 of 2023 for transfer of proceeding in CP No. 03 of 2023 pending before the learned Judge, Family Court, Jagatsinghpur for grant of decree of restitution of conjugal right, but in the aforesaid case, the OP-Husband has intentionally avoided to receive the notice issued by this Court.
In view of the aforesaid submissions, Issue notices to O.P. by Registered Post/Speed Post with A.D. in both the transfer applications, making it returnable by the next date. Requisites for issuance of notices against O.P. shall be filed within three working days in both the matters.
Further, another set of requisites shall be filed for transmission of the same to the Nizarat of District Court, Jagatsinghpur for service upon the OP.
List this matter on 6th October, 2023.
As an interim measure, the learned Judge, Family Court, Jagatsinghpur shall not proceed exparte against the Petitioner in CP Nos. 168 of 2023 and 3 of 2023.
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