SOUMYAMAYEE MALLICK Vs. SUVRAJIT DASH

JUDGEMENT

(1.) This application has been filed by the petitioner under Sec. 24 of C.P.C. seeking transfer of Civil Proceeding No.26 of 2020 filed by her under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights in the Court of learned Judge, Nayagarh, to the Court of learned Judge, Family Court, Rourkela.

(2.) By order dtd. 26/2/2020, notice had been issued to opposite party in TRP (C) as well as in the I.A. and further proceeding in C.P. No.26 of 2020 had been directed to be stayed till the next date. Office note indicates that notice had been issued vide memo No.3148 dtd. 5/3/2020 to the sole opposite party by Registered Post, fixing 3/4/2020 for appearance and show cause. Thereafter, there is no noting regarding sufficiency of notice or return of un-served notice or A.D. or appearance/non-appearance of any counsel on behalf of the opposite party. The postal tracking report has not been downloaded and attached to the file. The concerned dealing assistant should have downloaded the report and prepared appropriate noting regarding service of notice.

(3.) Learned counsel for the petitioner has filed I.A.No.414 of 2022 stating that though further proceedings had been stayed by this Court by order dtd. 26/2/2020, in view of the decision of the Hon'ble Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. Central Bureau of Investigation reported in AIR 2018 SC 2039, the learned Judge, Family Court, Nayagarh issued notice to the petitioner to appear in person on 6/7/2022, and as the distance between Nayagarh and Rourkela is about 500 K.Ms, the petitioner was unable to appear on the said date, for which the learned Judge, Family Court has fixed the case for ex parte hearing on 13/10/2022.