IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Smruti Chandini Bhoi – Appellant
Versus
Girish Sahu – Respondent
| Table of Content |
|---|
| 1. transfer petition details and grounds. (Para 1) |
| 2. court's observations on prior case and technical issues. (Para 2 , 4 , 8 , 13) |
| 3. arguments for transfer due to hardship and threat. (Para 3 , 5 , 7) |
| 4. decision to transfer case and consolidate. (Para 9 , 10 , 11) |
| 5. final orders and directions for compliance. (Para 12 , 14 , 15 , 16 , 17) |
JUDGMENT :
SANJAY KUMAR MISHRA, J.
1. This transfer petition has been filed by the Petitioner-wife for transfer of MAT Case No.38 of 2023 filed by the Opposite Party-husband under Section 13(1) of HINDU MARRIAGE ACT , 1955 for dissolution of marriage, from the Court of learned Judge, Family Court, Bargarh, to the Court of learned Judge, Family Court, Sonepur 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, the Petitioner being a deserted lady, having no source of income, is dependent on her parents to maintain her livelihood. It would be difficult on her part to attend the day to day proceeding before the learned Judge, Family Court, Bargarh, as the distance from Bargarh to Sonepur is
The court acknowledges the necessity of transferring cases for fairness and efficiency when technical issues impede effective participation in legal proceedings.
Court prioritizes convenience and welfare of parties in family law proceedings, allowing transfers based on hardship and recognizing virtual appearance for efficiency.
Transfer of proceedings under the Hindu Marriage Act ensures access to justice while considering financial and safety concerns of the parties.
In matrimonial matters, the convenience of the wife is crucial for transfer petitions and related proceedings involving common questions of fact and law should be consolidated.
In matrimonial disputes, the convenience of the wife is paramount in considering transfer requests, necessitating that related cases should ideally be tried together to avoid conflicting decisions.
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