Anuva Choudhury vs Biswajit Mishra - 2022 Supreme(Ori) 715

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ori) 715

IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Anuva Choudhury – Appellant
Versus
Biswajit Mishra – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. T.K. Mishra, Advocate
For the Opposite Party :Mr. S. Udgata, Advocate

Table of Content
1. transfer application for family court case (Para 1 , 2 , 3)
2. allegations in transfer application context (Para 4 , 5)
3. opposition and counter-arguments for transfer (Para 6)
4. court's considerations for transfer applications (Para 7 , 8)
5. balancing convenience in transfer cases (Para 9 , 10 , 11)
6. order for case transfer and video conferencing (Para 12 , 13 , 14)

JUDGMENT :

Savitri Ratho, J.

I have heard Mr. T.K. Mishra, learned counsel for the petitioner and Mr. S.Udgata, learned counsel for the opposite party through hybrid mode.

2. This transfer application under Section 24 of C.P.C. has been filed by the petitioner-wife for transfer of MAT Case No.128 of 2016 filed by the opposite party – husband under Section 13 of the Hindu Marriage Act, 1955 read with Section 5 of the Family Courts (Court) Rules, 2010 in the Court of learned Judge, Family Court, Sambalpur, to the Court of learned Judge, Family Court, Berhampur. Vide order dated 14.11.2017, notice had been issued to the sole opp. party and further proceedings in the MAT Case stayed till the next date and the interim order had been extended from time to time. I.A. No.359 of 2021 has been filed for extension