In a recent legal case concerning divorce proceedings, the Court’s detailed analysis of venue transfer and expenses sheds light on crucial aspects of legal proceedings. The decision, based on legal grounds, emphasizes the need for fairness and accessibility in court matters. This summary delves into the Court’s reasoned approach towards ensuring justice while considering practicality and convenience for the parties involved.
Facts
- The Court considered the arguments presented by both parties regarding the transfer of the divorce petition.
- The petitioner-wife argued that she resides in Cuttack, Odisha and it would be inconvenient for her to travel to Vizianagaram, Andhra Pradesh for the proceedings.
- The petitioner-wife also mentioned that her family and witnesses are located in Cuttack, Odisha which makes it necessary for the case to be transferred to Cuttack.
- The respondent-husband did not contest the transfer request and agreed to the transfer of the case to Cuttack.
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Analysis
- The Court is of the opinion that it is in the interest of justice for the proceedings to continue at the Court in Vizianagaram, Andhra Pradesh.
- The respondent-husband is required to pay the petitioner-wife a sum of Rs. 10,000 for her expenses related to travel, boarding, and lodging on the date(s) of hearing or whenever her presence is required by the Court.
- The payment of Rs. 10,000 by the respondent to the petitioner is to be made on every date when she attends the Court at Vizianagaram.
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Decision
- This Court is of the opinion that the Court at Vizianagaram should decide H.M.O.P. No.106/2019 on merits as expeditiously as possible.
- The decision should be made within a year from today.
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Case Title: RUCHIKA SWAIN Vs. SANDEEP KUMAR MALLICK (2021 INSC 611)
Case Number: T.P.(C) No.-000833 / 2020
