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IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA
Shradhanjali Routaray @ Nayak – Appellant
Versus
Asutosh Nayak – Respondent
| Table of Content |
|---|
| 1. transfer petition details. (Para 1) |
| 2. arguments for transfer and conditions. (Para 2 , 3 , 4) |
| 3. legal principles guiding transfer. (Para 5 , 6) |
| 4. procedural directives and final ruling. (Para 7 , 8 , 9 , 10 , 11) |
JUDGMENT :
1. This transfer petition has been filed by the Petitioner- wife for transfer of C.P No.297 of 2023 filed by the Opposite Party- husband, pending in the Court of learned Family Judge, Puri, to the Court of learned Family Judge, Rourkela on the grounds detailed in the transfer petition.
3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner-wife is a deserted lady. After her desertion, she is staying with her parents at Rourkela in the district of Sundargarh and is facing financial crisis having no source of income for her own maintenance as well as for the maintenance of her male minor child. The distance from Rourkela to Puri would be around 400 K.Ms. It would be difficult on her part to attend the day-to-day proceeding at Puri by ignoring proper care of her male child, who was around 10 months old at the time of filing of the present transfer petition. That apart, she is appreh
In matrimonial proceedings, the convenience of the wife is a primary consideration for transferring cases between jurisdictions.
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.
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 convenience of the wife is paramount in deciding transfer petitions for matrimonial proceedings, prioritizing her ability to engage effectively with legal processes amidst financial and logistica....
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