Archita Prusty vs Debendra Das .... Opposite Party
2025 Latest Caselaw 6946 Ori

Orissa High Court

Archita Prusty vs Debendra Das .... Opposite Party on 10 April, 2025

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             TRP(C) No.94 of 2025

            Archita Prusty                             ....            Petitioner
                                               Ms. Somalin Pattanaik, Advocate
                                           -versus-
            Debendra Das                               ....       Opposite Party

                                  CORAM:
                  HON'BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.                                  ORDER
   01.                                    10.04.2025

                      TRP(C) No.94 of 2025 & I.A.No.88 of 2025

This matter is taken up through Hybrid Mode.

2. This application has been filed by the learned counsel appearing for the Petitioner under Section 24 of the Code of Civil Procedure, 1908 for transfer of the C.P. No.254 of 2024, filed by the Opposite Party-husband under Section 13(1) of the Hindu Marriage Act, 1955 for dissolution of the marriage by a decree of divorce, pending before the Court of the learned Judge, Family Court, Bhadrak to the Court of the learned Judge, Family Court, Boudh.

3. Learned counsel appearing for the Petitioner submitted that the Petitioner-wife is residing in the district of Boudh and she has not yet received maintenance from the Opposite Party-husband, as such she has no source of income to sustain herself. She also has a minor child. Since Bhadrak is about 400 Kilometres from Boudh, the Petitioner faces inconvenience in attending the Court Proceeding . Learned counsel appearing for the Petitioner further drew attention of this Court to Annexure-3 and submitted that the Petitioner-wife has filed Criminal Proceeding No.12 of 2025 under Section 147 of the BNSS

for the execution of the judgment dated 02.09.2024 passed by the learned Judge, Family Court, Boudh before learned Judge, Family Court, Boudh. Therefore, the said C.P. No.254 of 2024 pending before the Court of the learned Judge, Family Court, Bhadrak is required to be transferred to the Court of the learned Judge, Family Court, Boudh for convenience.

4. Issue notice to the Opposite Party by Registered Post/Speed Post with A.D., requisites for which shall be filed within three working days. In the event of furnishing such requisite within the period stipulated, the Office shall send the notice to the Opposite Party by fixing a short returnable date.

5. List this matter on 12.05.2025.

6. As an interim measure, it is directed that further proceeding in C.P. No.254 of 2024, which is stated to be pending in the Court of the learned Judge, Family Court, Bhadrak shall remain stayed till the next date.

(M.S. Raman) Judge Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Apr-2025 17:03:34