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IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA
SWARNAMALA BADATYA – Appellant
Versus
Niranjan Badatya – Respondent
JUDGMENT :
SANJAY KUMAR MISHRA, J.
1. TRP(C) No.165 of 2024 has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.165 of 2024 filed by the Opposite Party-Husband under section 13 (1) of the HINDU MARRIAGE ACT , 1955 for decree of divorce, now pending in the Court of learned Judge, Family Court, Berhampur, to the Court of learned Judge, Family Court, Rourkela.
2. Similarly, TRPCRL No.72 of 2024 has been preferred by the Petitioner-Husband for transfer of proceeding in Criminal Proceeding No.42 of 2024 initiated by the Opposite Party-Wife under Section 125 of Cr.P.C for maintenance, now pending in the Court of learned Judge, Family Court, Rourkela to the Court of learned Judge, Family Court, Berhampur.
3. TRPCRL No.73 of 2024 has also been preferred by the Petitioner-Husband for transfer of proceeding in Crl. Misc. Case No.298 of 2023 preferred by the Opposite Party-Wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005, now pending in the Court of learned S.D.J.M. (P), Uditnagar, Rourkela, to the Court of learned S.D.J.M, Berhampur.
4. In all the three transfer petitions, which are on board, the parties being same and the issues p
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.
The convenience of the wife is paramount in matrimonial cases, necessitating the transfer of proceedings to ensure cohesive judicial handling of interrelated family matters.
In matrimonial transfer petitions, the convenience of the wife is paramount, and related proceedings should be consolidated to avoid conflicting decisions.
The court prioritizes the convenience of the wife in transfer applications for matrimonial cases while requiring a balanced consideration of both parties' circumstances.
In matrimonial proceedings, the convenience of the wife is a primary consideration for transferring cases between jurisdictions.
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