SASMITA SAMAL Vs. SANTOSH KUMAR DAS

JUDGEMENT

(1.) 1. Mr. Mallick, learned advocate appears on behalf of petitioner, who is the wife. He submits, his client's husband has filed for divorce in the Court of Civil Judge (Senior Division), Koraput. He draws attention to paragraph 3 in the petition (MAT Case no.3 of 2021) where opposite party-husband has admitted that marriage was solemnized on 17/4/2016 in Bhairpur, within Cuttack District. He submits, his wife's parental home is there. He seeks transfer of the divorce case to Family Court, Cuttack and interim order during pendency of this petition.

(2.) Sec. 19 in Hindu Marriage Act, 1955 provides for Court to which the petition shall be presented. In facts of this case, clauses (i) and (ii) in the sec. require the petition to be presented before the competent Court at Cuttack. Clause (iii) may not be applicable to opposite party-husband since he is seeking divorce. Clauses (iii-a) and (iv) do not apply in the case.

(3.) Issue notice along with copy of this order upon opposite party. Petitioner will put in requisites.