Jitamitra Swain Vs Girija Nanda Jena — Orissa HC (2024) — LawSathi Research

Jitamitra Swain Vs Girija Nanda Jena — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for transfer of C.P. No.611 of 2024 from the Court of Judge, Family Court, Cuttack to the Court of Judge, Family Court, Kendrapara allowed; record transmission directed preferably within one week of production of certified copy; liberty for virtual appearance granted with mandatory physical presence on effective-hearing dates; with these observations and directions the Transfer Petition stands disposed of.

Issue for consideration

Whether the Transfer Petition filed by the Petitioner-Wife, seeking transfer of the proceeding in C.P. No.611 of 2024 (filed by the Opposite Party-Husband) from the Court of Judge, Family Court, Cuttack to the Court of Judge, Family Court, Kendrapara for trial, should be allowed.

Court's answer

After hearing both learned Counsel for the parties, and for the reasons detailed in the Transfer Petition and the settled position of law, this Court allowed the prayer made in the Transfer Petition.

Ratio / Principle

The Judge, Family Court, Cuttack is directed to transmit the case record in C.P. No.611 of 2024 to the Court of Judge, Family Court, Kendrapara at the earliest, preferably within one week from the date of production of the certified copy of this order.

Key takeaways

On receiving the case record, the Judge, Family Court, Kendrapara shall re-register the case (if so required) and proceed in accordance with law, giving due opportunity to both parties, and shall endeavour to conclude the proceeding at the earliest.ratio¶8
As both parties are Government servants serving at different places with possible future transfers, they were given liberty to appear before the Judge, Family Court, Kendrapara through virtual mode with the concerned Court's permission; however, on effective-hearing dates (examination/cross-examination of witnesses and other purposes requiring presence) the parties must remain physically present.ratio¶9

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice Sanjay Kumar Mishra), Order dated 19.12.2024, TRP(C) No.305 of 2024 - Jitamitra Swain (Petitioner-Wife) v. Girija Nanda Jena (Opposite Party-Husband): Transfer Petition seeking transfer of the husband's proceeding C.P. No.611 of 2024 from the Court of Judge, Family Court, Cuttack to the Court of Judge, Family Court, Kendrapara allowed despite the husband's written objection and notwithstanding the wife's Rejoinder Affidavit. Directions issued: (i) Judge, Family Court, Cuttack to transmit the case record to Family Court, Kendrapara at the earliest, preferably within one week from production of the certified copy of the order; (ii) Judge, Family Court, Kendrapara to re-register the case if required, proceed in accordance with law giving due opportunity to both parties, and conclude the proceeding expeditiously; (iii) as both parties are Government servants serving at different places, liberty granted to appear virtually with the concerned Court's permission, while physical presence remains mandatory on effective-hearing dates (examination/cross-examination of witnesses and other purposes for which presence is required by the Court); (iv) parties/Counsel to ascertain posting dates directly from Family Court, Kendrapara to avoid delay. Transfer Petition stands disposed of. No statute or precedent is cited; the Court invokes 'the settled position of law'.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.305 of 2024

Jitamitra Swain

Petitioner

Mr. G. Dash, Advocate

-versus-

Girija Nanda Jena

…. Opposite Party

Mr. L. Mishra, Advocate

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

19.12.2024

Order No.

03.

This matter is taken up through hybrid mode.

2. Heard learned Counsel for the parties.

3. This Transfer Petition has been filed by the PetitionerWife for transfer of proceeding in C.P. No.611 of 2024 filed by the Opposite Party-Husband, now pending in the Court of Judge, Family Court, Cuttack, to the Court of Judge, Family Court, Kendrapara for trial on the grounds detailed in the Transfer Petition.

4. The Opposite Party-Husband, being noticed, has appeared and filed a written objection opposing to such prayer for transfer. In response to the said Counter, the Petitioner has also filed a Rejoinder Affidavit.

5. Mr. Mishra, learned Counsel for the Opposite PartyHusband, drawing attention of this Court to the contents of the Counter Affidavit, submits that because of the reasons detailed in the objection/counter filed by the Opposite Party-Husband, the prayer of the Petitioner for transfer deserves to be dismissed.

6. However, after hearing both the learned Counsel for the parties, for the reasons detailed in the Transfer Petition and the settled position of law, this Court is inclined to allow the prayer made in the Transfer Petition.

7. The Judge, Family Court, Cuttack is directed to transmit the case record in C.P. No.611 of 2024 to the Court of Judge, Family Court, Kendrapara at the earliest, preferably within a period of one week from the date of production of the certified copy of this order.

8. On receiving the case record in C.P. No.611 of 2024 from the Court of Judge, Family Court, Cuttack, the Judge, Family Court, Kendrapara 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.

9. Since both the parties are Government servants and at present, are serving at different places and there is every possibility of transfer of their services to different places from time to time, it is made clear that parties will be at liberty to appear before the Judge, Family Court, Kendrapara 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, Kendrapara.

10. To avoid delay, the parties, either in person or through their Counsel, shall make a query with the Judge, Family Court, Kendrapara to ascertain the date and

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purpose of posting and participate in the said proceeding. 11. With the said observation and direction, the Transfer Petition stands disposed of.

12. Office is directed to communicate a copy of this order to the Judge, Family Court, Cuttack so also the Judge, Family Court, Kendrapara enabling the said Courts to act in terms of the observation made above.

13. Urgent certified copy of this order be granted on proper application as per rules.

Kanhu

(S.K. Mishra)

Signature Not Verified

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Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Oris sa, C uttack. Date: 20-Dec-2024 18:12:43