Biswanath Rath, J
1. Heard learned counsel for Petitioner and learned counsel for the sole Opposite Party.
2. This Transfer Petition has been filed by the wife-Petitioner seeking transfer of C.P. Case No.68 of 2020 from the court of learned Judge, Family
Court, Puri to the court of learned Judge, Family Court, Khurda.
3. On perusal of the averments made in this petition, this Court finds, husband has filed a proceeding u/s.13(1) of Hindu Marriage Act before the
learned Judge, Family Court, Puri for dissolution of marriage, vide C.P. Case No. 68 of 2020. On the other hand, the wife has also instituted a
proceeding u/s.125 of Cr.P.C. before the learned Judge, Family Court, Khurda for maintenance.
4. Learned counsel for Petitioner submitted that since the wife is an unemployed and deserted lady and dependant on her parents and unable to attend
the proceeding at Puri, she has filed this present petition for transfer of the C.P. Case No.68 of 2020.
5. Learned counsel for the sole Opposite Party, on the other hand, submitted that there is no dispute in the event C.P. Case No.68 of 2020 from the
court of learned Judge, Family Court, Puri to the learned Judge, Family Court, Khurda.
6. Be that as it may, since both the parties are involved in litigations against each other and since the wife is an unemployed and deserted lady, this
apart also the wife has initiated a proceeding at Khurda, where the husband has to appear and contest the proceeding, this Court observes, there
would be no difficulty, if the case of the husband gets transferred to the court of learned Judge, Family Court, Khurda rather it would be convenient
for both the parties to attend both the proceedings at one place. In the process, this Court directs for transfer of C.P. Case No.68 of 2020 from the
court of learned Judge, Family Court, Puri to the court of learned Judge, Family Court, Khurda.
7. Petitioner is directed to serve a copy of this order on the learned Judge Family Court, Puri within a period of ten days hence and on receiving this
order, the learned Judge, Family Court, Puri shall transmit the case records involving C.P. Case No.68 of 2020 within a period of two weeks
thereafter, to the court of learned Judge, Family Court, Khurda for its doing the needful. For the nature of dispute between the parties, learned Judge,
Family Court, Khurda is also directed to have settlement/conciliation process between the parties for at least two dates. In the event of failure of
conciliation, learned Judge, Family Court, Khurda shall proceed to dispose of the C.P. Case No.68 of 2020 as expeditiously as possible preferably
within a period of nine months from the date of transmission of the records. Both the parties are also directed to bring the order of this Court to the
notice of the learned Judge, Family Court, Puri about transfer of the proceeding by appearing before the concerned Court on 07.10.2021.
8. Since this order is passed in presence of both the parties, this Court here records the undertaking of both the parties through their respective
counsels that they will co-operate the learned Judge, Family Court, Khurda in timely disposal of the Civil Proceeding and will not create any problem
for each other in appearing in the proceeding at Khurda.
9. With the above observation and direction the Transfer Petition stands disposed of.
