Priyanka Senapati vs Priyabrata Mishra
2023 Latest Caselaw 11292 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            TRP(C) No. 273 of 2023

      Priyanka Senapati                      ...         Petitioner
                                      Mr. S.S. Bhuyan, Advocate
                                -versus-
      Priyabrata Mishra                      ...    Opposite Party
                                                                 None

                                   CORAM:
                            JUSTICE G. SATAPATHY

                               ORDER(ORAL)

Order No.                       14.09.2023
  01.     1.      This   matter is taken up through             Hybrid

Arrangement (Virtual/Physical Mode).

2. This is a transfer application U/S. 24 of the Code of Civil Procedure, 1908 (in short the "Code") by the Petitioner-wife seeking transfer of the proceeding in CP No. 166 of 2021 filed by OP against her before the learned Judge, Family Court, Bhbubaneswar U/S. 13 of the Hindu Marriage Act, 1955 for grant of divorce.

3. Mr.S.S.Bhuyan, learned counsel for the Petitioner by placing the facts of the case submits that the decree passed in the present proceeding was challenged before this Court in MATA No. 100 of 2022 which was disposed of by Division Bench of this Court remanding the proceeding in CP No. 166 of 2021 to the learned the learned Judge, Family Court, Bhbubaneswar for fresh adjudication, but the facts remains that another two proceedings instituted by the Petitioner against the OP-Husband are right now pending before the learned, Judge Family Court, Cuttack and, therefore, it would be convenient for the parties to appear and get their grievances redressed by Single Court i.e. Judge, Family Court, Cuttack. Mr. Bhuyan has also supplied the certified copy of the order passed in MATA No. 100 of 2022.

4. It is never in dispute that a Division Bench of this Court by way of judgment passed on 27.07.2023 has directed for re-adjudication of the proceeding in CP No. 166 of 2021 and this Court by the said order has also directed the learned Judge, Family Court, Bhubaneswar to bring final outcome in the proceeding as expeditiously as possible preferably within a period of six months from the date of appearance of the parties and the parties are accordingly before the said Court, but instead of giving effect to the said order passed by this Court, the Petitioner has approached this Court for transfer of the proceeding in CP No. 166 of 2021 meaning thereby protracting the litigation.

5. In the circumstance, this Court, however, does not consider it proper to entertain the transfer application bypassing the order passed by the Division Bench of this Court directing disposal of the CP No. 166 of 2021 within six months.

6. In the net result, the TRP(C) stands dismissed and the Petitioner is directed to co-operate the learned Judge, Family Court, Bhubaneswar for early disposal of the CP No. 166 of 2021.

Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication (G. Satapathy) Location: HIGH COURT OF ORISSA Date: 15-Sep-2023 13:56:49 Judge Priyajit