Aliva Jena vs Padmalochan Malana
2022 Latest Caselaw 3005 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             TRP (C) No.179 of 2022

              Aliva Jena                                  ....           Petitioner
                                                          Mr.D.K.Panda, Advocate
                                            Versus
              Padmalochan Malana                          ....           Opp. Party


                    CORAM:
                      JUSTICE SAVITRI RATHO
                                   ORDER

07.07.2022 Order No.

01. TRP (C) No.179 of 2022 & I.A. No.197 of 2022

This matter is taken up by hybrid mode.

2. This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of Civil Proceeding No.80 of 2022 filed by the opp. party-husband under Section-9 of the Hindu Marriage Act, 1955 in the Court of learned Judge, Family Court, Berhampur, to the Court of learned Judge, Family Court, Bhubaneswar.

3. Learned counsel for the petitioner submits that the marriage between the parties has been solemnized on 5.9.2016 in Bhubaneswar and after that the parties were living in Bhubaneswar for some time in a rented house. The petitioner moved to her parents house on account of torture and harassment by the opp. party and is staying with her parents in Bhubaneswar with her minor son. Apart from looking after her son, as she is presently working in Pipili she has to commute daily from Bhubaneswar, for which it would be very difficult for her to travel to Berhampur on each and every date the case is posted to. He further submits that the opp. party-husband had married the petitioner without disclosing that he was earlier married and has filed the copy of the judgment dated 11.2.2019 passed by the learned Judge, Family Court, Berhampur in Civil Proceeding No.168 of 2018 which indicates that the marriage between the opp. party-husband and another woman was

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dissolved on mutual consent. Before the said date, the opp. party has already married the petitioner and he is planning to marry for the third time and this application under Section 9 of the Hindu Marriage Act has been filed only to harass the petitioner. He also submits that the present C.P. case had been fixed for appearance of the petitioner on 5.7.2022, but the petitioner could not appear in the said case.

4. Considering the above submissions, issue notice to the sole opp. party in the main case as well as in the I.A. by Registered/Speed Post with A.D., requisites for which shall be filed within a week. The notice shall be made returnable within four weeks. One set of process fee shall be accepted.

5. List this matter on 25.08.2022.

6. In the interim, further proceeding in C.P. No.80 of 2022 pending in the Court of learned Judge, Family Court, Berhampur shall remain stayed till 29.08.2022.

Urgent certified copy of this order be granted as per rules.

.........................

Savitri Ratho Judge Bichi