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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Niharika Barik – Appellant
Versus
Satyabrata Barik – Respondent
| Table of Content |
|---|
| 1. transfer petition filed for convenience of the petitioner. (Para 1 , 2 , 3) |
| 2. arguments against transfer and procedural concerns discussed. (Para 4 , 5 , 6) |
| 3. legal principles governing transfer petitions emphasized. (Para 7 , 8 , 9) |
| 4. court's order for transfer and procedural directives. (Para 10 , 11 , 12 , 13 , 14 , 15) |
JUDGMENT :
S.K. MISHRA, J.
This transfer petition has been filed by the Petitioner-wife for transfer of MAT Suit No.188 of 2024, pending in the Court of learned Civil Judge (Senior Division), Rairangpur, to the Court of learned Civil Judge (Senior Division), Karanjia in the district of Mayurbhanj on the grounds detailed in the transfer petition.
2. Heard learned Counsel for the parties.
3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, after her desertion, the Petitioner is staying at Mendhamundi, PO/PS Raruan, in the district of Mayurbhanj with her parents. Since the distance from Raruan to Rairangpur is around 80 KMs, she being a deserted lady, dependent on her parents for her livelihood, it would be difficult on her part to travel such a long distance because of her poor financial conditio
In matrimonial transfer petitions, the wife’s convenience is a primary consideration under Section 24 of the CPC.
In matrimonial proceedings, the convenience of the wife is a primary consideration for transferring cases between jurisdictions.
In matrimonial transfer cases, the convenience and safety of the wife are paramount, often necessitating the transfer of proceedings to a nearby location to facilitate fair access to justice.
The court established that the convenience of the wife is the foremost consideration in transferring matrimonial proceedings, supported by relevant socioeconomic factors.
In matrimonial transfer applications, the wife's convenience and socio-economic context are paramount considerations, following the principles established in relevant case law.
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