Laxmipriya Baliarsingh vs Santosh Baliarsingh
2021 Latest Caselaw 11949 Ori

                                  1




       IN THE HIGH COURT OF ORISSA AT CUTTACK


                    TRP(C) No.280 OF 2021

Laxmipriya Baliarsingh                 .....                 Petitioner

                                                   Mr. Biswajit Nayak,
                                                             Advocate
                               Vs.
Santosh Baliarsingh                    .....           Opposite party

                                                  Mr. M.K. Mohapatra,
                                                            Advocate


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                       ORDER

22.11.2021

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

2. Heard Mr. B. Nayak, learned counsel for the petitioner and M.K. Mohapatra, learned counsel for the opposite party.

3. The petitioner has filed this application seeking transfer of C.P. No.210 of 2021 pending in the court of learned Judge, Family Court, Puri to the court of learned judge, Family Court, Khurda.

4. Mr. B. Nayak, learned counsel for the petitioner contended that the opposite party has filed C.P. No.210 of 2021 under Section 13 of Hindu Marriage Act, 1955, which is pending in the court of learned Judge, Family Court, Puri. He contended that the petitioner is residing at her parental house at Balugaon. She is blessed with two daughters, one is born on 27.06.2011 and 2nd is on 13.12.2015. The petitioner has lodged an FIR before the

Balugaon Police Station bearing Balugaon P.S. Case No.124 of 2021 against the opposite party for commission of offences punishable under Sections 498- A/294/323/506/34 IPC read with Section 4 of D.P. Act. In the event, C.P. No.210 of 2021, pending in the court of learned Judge, Family Court, Puri, is transferred to the court of learned Judge, Family Court, Khurda, interest of justice will be best served so that the petitioner can participate in the proceeding itself. He further contended that priority has to be given to the wife's convenience in view of judgment of the apex Court in Sumitra Singh v. Kumar Sanjay, AIR 2002 SC

396.

5. Mr. M.K. Mohapatra, learned counsel for the opposite party fairly contended that the opposite party has no objection to the prayer of the petitioner, if C.P. No.210 of 2021 pending in the court of learned Judge, Family Court, Puri is transferred to the court of learned Judge, Family Court, Khurda. But, he only stated that the petitioner may be directed to cooperate with the proceeding so that the proceeding can be concluded as early as possible.

6. Considering the contentions raised by learned counsel for the parties and keeping in view the ratio decided in Sumitra Singh (supra), in the interest of justice, equity and fair play, disposes of this application directing learned Judge, Family Court, Puri to take

necessary steps for transfer of C.P. No.210 of 2021 to the Court of learned Judge, Family Court, Khurda. Needless to say, the petitioner-wife shall cooperate with the proceeding and shall not ask for adjournment, unless it is so required, as would be considered by the learned Judge Family Court, Khurda.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI, J.)