S. Sarada Dora vs Kiran Kumar Dora
2021 Latest Caselaw 12699 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             TRP(C) No. 171 of 2020

            S. Sarada Dora                      ....                               Petitioner
                                                                 Ms. S. Patro, Advocate
                                                -Versus -
            Kiran Kumar Dora                    ....                           Opp. Party




                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                      ORDER

10.12.2021 Order No. This matter is taken up through hybrid mode.

2. The petitioner-wife has filed this application seeking transfer of C.P. No. 63 of 2019 from the file of learned Judge, Family Court, Kalahandi at Bhawanipatna to the file of learned Judge, Family Court, Berhampur.

3. Ms. S. Patro, learned counsel for the petitioner contends that the petitioner seeks for transfer of the aforesaid case on the ground that she being a lady is unable to participate in the proceeding at a faraway place at Bhawanipatna and, as such, for the convenience of the petitioner such case should be transferred, in view of the judgment of the apex Court in Sumita Singh v. Kumar Sanjay, AIR 2002 SC 396.

4. This Court issued notice to the opposite party and passed interim order of stay of further proceeding in C.P. No. 63 of 2019, pursuant to order dated 03.11.2020. Taking advantage of such

interim order, though notice has been made sufficient as per the tracking report, the opposite party is not appearing in this case, thereby causing harassment to the petitioner. This Court has adjourned the matter thrice in order to give opportunity to the opposite party. Despite valid service of notice, none has entered appearance today on behalf of the opposite party, when the matter was called. This Court is not inclined to grant further adjournment, as the interim order is operating and in the meantime one year has passed.

5. In view of the above position, taking into consideration the convenience of the wife-petitioner and keeping in view the judgment of the apex Court in Sumita Singh (supra), this Court directs transfer of C.P. No. 63 of 2019 from the file of learned Judge, Family Court, Kalahandi at Bhawanipatna to the file of learned Judge, Family Court, Berhampur.

6. The application accordingly stands allowed.

Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge GDS