In a transfer petition, Justice M.S. Sahoo of Odisha high court noted that there have been several Information and Communication Technology (ICT) initiatives that should be explored to make it convenient for the parties to appear before the court through Video conferencing.
Brief Facts:
The current petition has been filed under section 24 of CPC for transferring C.P. No.268 of 2022 pending in the court of learned Judge, Family Court, Puri, which was filed by the husband i.e. the opposite party, u/s Section 13(i)(i-a) (i-b) of the Hindu Marriage Act, 1955 for grant of decree of divorce for annulment of the marriage between the petitioner and the opposite party.
The transfer of the petition has been opposed by the opposite party stating that the grounds are not sufficient for the transfer of the petition from the court of learned Judge, Family Court, Puri to the court of learned Judge, Family Court, Cuttack.
Observations of the Court:
The Hon’ble Court first noted the provisions of Section 24 CPC, which talks about the General power of transfer and withdrawal, and then the Supreme Court’s judgment in Kulwinder Kaur ALIAS Kulwinder Gurcharan Singh V. Kandi Friends Education Trust and others, was referred to, where the scope of Sections 24 and 25 of CPC was discussed. In the said judgment the principles to be observed while transferring a civil petition were noted.
In the interest of justice, the court allowed the prayer of transfer of the case and further noted that there have been several Information and Communication Technology (ICT) initiatives that can be explored to make it convenient for the parties to appear before the court through Video Conferencing and for expeditious disposal of pending litigation.
The Decision of the Court:
The TRPC was allowed and the case was transferred.
Case Title: Saswati Mishra v. Soumya Ranjan Mohapatr
Coram: Justice M.S Sahoo
Case No.: TRP (C) No.479 of 2022
Advocates for the Petitioners: Mr. Ramesh Agarwal, Advocate
Advocate for the Respondents: Mr. S.S. Pattanaik, Advocate
Read Judgment @LatestLaws.com
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