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2015 Supreme(Ori) 459

A.K.RATH
Anita Pattnayak – Appellant
Versus
Arabinda Sukla – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D.R. Bhokta
For the Opposite Party : Mr. S.P. Mohanty

JUDGMENT :

A.K. Rath, J.

By this application under Section 24 of the C.P.C., the petitioner seeks transfer of C.P. No. 69 of 2013 filed by the opposite party in the court of learned Judge, Family Court, Cuttack to the court of learned Judge, Family Court, Jeypore.

2. The marriage between the petitioner and opposite party was solemnized on 8.2.2012 according to Hindu rites and customs. As it appears, there is mistrust and mis-feeling between the parties. While the matter stood thus, the opposite party filed an application under Section 13 of the Hindu Marriage Act, 1955 praying inter alia for a decree of divorce in the court of the learned Judge, Family Court, Cuttack, which is registered as C.P. No. 69 of 2013.

3. It is stated in the petition that the petitioner is residing with her father, who is an old and ailing person, at Sunabeda in the district of Koraput. It is not possible on her part to attend the court at Cuttack, which is 500 kilometers away from her residence. Further she apprehended danger to her life since the family members of the opposite party are influential persons in the locality. With this factual scenario, the application for transfer has been filed.

4. Heard Mr. D







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