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IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA
Manaly Pani – Appellant
Versus
Chiranjib Mishra – Respondent
| Table of Content |
|---|
| 1. overview of pending divorce and maintenance petitions. (Para 1 , 2 , 3) |
| 2. counsel arguments for transfer petitions. (Para 5 , 6) |
| 3. details on proceedings and concerns of the wife. (Para 7 , 8 , 10) |
| 4. husband's arguments for the transfer petitions. (Para 11 , 12) |
| 5. law on transfer of matrimonial proceedings. (Para 13 , 14) |
| 6. decision to allow wife’s transfer prayer. (Para 15 , 16) |
| 7. directions for re-registering and concluding cases. (Para 17 , 18 , 19 , 20) |
| 8. communication of judgment for compliance. (Para 21 , 22) |
JUDGMENT :
1. TRP(C) No.139 of 2025 has been filed by the Petitioner- Wife for transfer of proceeding in C.P. No.60 of 2025 filed by the Opposite Party-Husband under section 13 of the HINDU MARRIAGE ACT , 1955 for decree of divorce, now pending in the Court of learned Judge, Family Court, Dhenkanal, to the Court of learned Family Court, Deogarh.
3. Similarly TRP(C) No.163 of 2025 has also been filed by the Petitioner-Husband for transfer of proceeding in C.P. No.12 of 2024 filed by the Opposite Party-Wife under section 9 of HINDU MARRIAGE ACT , 1955 for Restitution of Conjugal Rights, now pending in the Court of learned Judge, Family Court, Deogarh, to
In matrimonial transfer petitions, the convenience of the wife is paramount, and related proceedings should be consolidated to avoid conflicting decisions.
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 transfer applications, the wife's convenience and socio-economic context are paramount considerations, following the principles established in relevant case law.
In matters of matrimonial proceedings, the convenience of the wife is paramount when considering a transfer under Section 24 of CPC.
In matrimonial matters, the convenience of the wife is paramount, and petitions should be consolidated to prevent conflicting judgments.
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.
In matrimonial transfer petitions, wife's convenience prevails due to distance, minor child care, financial constraints without spousal support, prioritizing balance of convenience and justice.
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