LAWS(ORI)-2023-10-8

AMIT BAGARIA Vs. ABHIMANYU MALLICK

Decided On October 11, 2023
Amit Bagaria Appellant
V/S
Abhimanyu Mallick Respondents

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

(2.) Mr. P.K. Nayak, learned counsel for the petitioner submits that the petitioner is the husband of O.P., who has filed a proceeding against him before the learned Judge, Family Court, Bhadrak in C.R.P. No. 256 of 2023 for grant of maintenance U/S 125 of the Cr.PC., but the petitioner is a physically challenged person being deaf and dumb and thereby he is unable to move to Bhadrak as there is no direct communication between Rourkela and Bhadrak. On the aforesaid ground, the petitioner has prayed for transfer of the aforesaid proceeding to the Court of learned Judge, Family Court, Cuttack.

(3.) In support of such contention, learned counsel for the petitioner has filed a copy of order passed on 19/12/2005 by this Court in TRP(C) No. 44 of 2005 directing transfer of the divorce proceeding pending as on then between the parties from the learned Judge, Family Court, Rourkela to the learned Judge, Family Court, Cuttack.