The High Court of Orissa allowed a transfer petition to shift a family court case from Kendrapara to Jajpur. Directions were issued for record transmission within one week and guidelines provided for virtual or physical hearings at the receiving court.
Prayer in the transfer application allowed; record to be transmitted within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.181 of 2024
Swagatika Samal …. Petitioner
Mr. A. Mohanty, Advocate.
-versus-
Pradipta Kumar Swain …. Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
23.12.2024
Order No. 05.
This matter is taken up through hybrid mode.
2. Learned Counsel for the Petitioner submits, an Affidavit has already been filed in terms of order dated 25.11.2024, which indicates that summon was served on Mr. J. Mandal, learned Counsel, who is the conducting Counsel for the Opposite Party-Husband (Petitioner in C.P. No.139 of 2024 before the Court below). Apart from that, the receipt obtained from the concerned Counsel has also been enclosed to the said Affidavit, which is on record. However, the Opposite Party-Husband goes unrepresented when the matter is called.
3. Heard learned Counsel for the Petitioner.
4. This Transfer Petition has been filed by the PetitionerWife for transfer of C.P. Case No.139 of 2024 filed by the Opposite Party-Husband, now pending in the Court of Judge, Family Court, Kendrapara, to the Court of Judge, Family Court, Jajpur for trial on the grounds detailed in the Transfer Petition.
5. In view of the reasons detailed in the Transfer Petition so also the submission made by the learned Counsel for the Petitioner, the prayer made in the application is allowed.
6. The Judge, Family Court, Kendrapara is directed to transmit the case record in C.P. No.139 of 2024 to the Court of Judge, Family Court, Jajpur at the earliest, preferably within a period of one week from the date of production of the certified copy of this order.
7. On receiving the case record in C.P. No.139 of 2024 from the Court of Judge, Family Court, Kendrapara, the Judge, Family Court, Jajpur shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest.
8. It is made clear that parties will be at liberty to appear before the Judge, Family Court, Jajpur through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court. However, on the dates of effective hearing i.e for examination and cross-examination of witnesses so also other purposes, if any, for which their presence will be required by the Court, the parties shall remain physically present before the Judge, Family Court, Jajpur.
9. To avoid delay, the parties, either in person or through their counsel, shall make a query with the Court of Judge, Family Court, Jajpur to ascertain the date and purpose of posting and participate in the said proceeding.
10. With the said observation and direction, the Transfer Petition stands disposed of.
11. Office is directed to communicate a copy of this order to the Judge, Family Court, Kendrapara so also the Judge, Family Court, Jajpur enabling the said Courts to act in terms of the observation made above.
12. Urgent certified copy of this order be granted on proper application as per rules.
(S.K. Mishra)
Prasant
Judge
Signature Not Verified
Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 24-Dec-2024 12:05:17
2 issues framed by the court
Whether the transfer petition for transfer of a family court case from Kendrapara to Jajpur ought to be allowed.
What directions are necessary for the transmission of the case record and further proceedings.
Swagatika Samal
Pradipta Kumar Swain
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
