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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Santilata Prusty – Appellant
Versus
Shibani Prusty – Respondent
| Table of Content |
|---|
| 1. transfer petition details and grounds. (Para 1) |
| 2. convenience argument for transferring suit. (Para 3) |
| 3. opposition to transfer based on jurisdiction. (Para 4 , 5) |
| 4. legal precedent on transfer petitions. (Para 6) |
| 5. plaintiff's right to choose forum. (Para 7) |
| 6. court's decision on transfer petition. (Para 8) |
| 7. options for examination via video conferencing. (Para 9) |
| 8. disposal of the transfer petition. (Para 10) |
JUDGMENT :
SANJAY KUMAR MISHRA, J.
1. This Transfer Petition has been filed by the Petitioner, who is the Defendant No.1 in Civil Suit No.124 of 2021, for transfer of proceeding in the said case from the Court of Civil Judge (Sr. Divn.) Patnagarh, Bolangir to the Court of Civil Judge (Sr. Divn.), Cuttack basically on two grounds. The first ground is she is an old widow, who is struggling to manage herself and is overburdened to look after the case at Patnagarh, which is around 400 K.Ms away from Cuttack. The second ground is, she is suffering from old age ailments and it is very difficult on her part to go to Patnagarh to attend the Court proceeding alone, as she has no other family member to accompany her.
2. Heard Mrs. J. Sahoo, learned Counsel for the Peti
The Plaintiff's choice of forum is paramount and cannot be altered merely for the convenience of the Defendant, particularly in civil suits involving immovable property.
The main legal point established in the judgment is the interpretation of Sec. 24 of Code of Civil Procedure and the consideration of convenience in matrimonial proceedings, including the use of vide....
In matrimonial transfer petitions, the wife’s convenience is a primary consideration under Section 24 of the CPC.
Transfer of proceedings under the Hindu Marriage Act ensures access to justice while considering financial and safety concerns of the parties.
In transfer proceedings, the wife's convenience is paramount, and courts must utilize technology to ensure access to justice.
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