Rekha Pati Vs Prabhudatta Rath

3. This transfer petition has been filed by the PetitionerWife for transfer of proceeding in MAT Case No.02 of 2023, pending before the Court of learned Civil Judge (Senior Division), Khallikote, Ganjam to the Court of learned Judge, Family Court, Bhubaneswar on the grounds detailed therein.

¶18

4. Being noticed, the Opposite Party-husband has appeared through his Counsel, who submits before this Court that, as per the instruction received from the Opposite Party, she has no objection to such prayer for transfer made in the present transfer petition. She further submits, her client be permitted to appear through virtual mode, in case he feels any difficulty to appear before the learned Judge, Family Court, Bhubaneswar physically, after the proceeding is transferred from the Court of learned Civil Judge (Senior Division), Khallikote, Ganjam.

¶19

5. Learned Proxy Counsel for the Petitioner submits, at the instance of the Petitioner-wife, C.P. No.163 of 2024 filed under Section 9 of Hindu Marriage Act, 1955 for Restitution of Conjugal Rights is now sub-judice before the Court of learned Judge, Family Court, Bhubaneswar. Thus, She prays for analogous hearing of both MAT No.02 of 2023 so also C.P. No.163 of 2024.

¶20

6. Taking note of the grounds urged in the transfer petition so also concession made by the learned Counsel for the parties and the settled position of law, the prayer made in the transfer petition is allowed. The learned Civil Judge (Senior Division), Khallikote, Ganjam is directed to transmit the case record in MAT Case No.02 of 2023 to the Court of learned Judge, Family Court, Bhubaneswar at the earliest, preferably within a period of one week from the date of production of certified copy of this order.

¶21

7. On receiving the case record in MAT Case No.02 of 2023, from the Court of learned Civil Judge (Senior Division), Khallikote, Ganjam, the learned Judge, Family Court, Bhubaneswar shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties.

¶22

8. The Judge, Family Court, Bhubaneswar is requested to explore the facilities of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020. However, on the dates of effective hearing i.e. for examination and crossexamination of witnesses and other purposes, for which

¶23

Page 2 of 3

¶24

their presence may be required by the Court and if it is so ordered, the parties shall remain physically present before the Judge, Family Court, Bhubaneswar.

¶25

9. The Judge, Family Court, Bhubaneswar shall do well to tag both MAT Case No.02 of 2023 and C.P. No.163 of 2024 and proceed further in accordance with law.

¶26

10. To avoid delay, the parties are directed to make a query as to the next date and purpose of posting in MAT Case No.02 of 2023 and attend the proceeding before the learned Judge, Family Court, Bhubaneswar so also not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Bhubaneswar, who shall do well to conclude the said proceeding at the earliest.

¶27

11. With the said observation and direction, the transfer petition stands disposed of.

¶28

12. Office is directed to communicate a copy of this order to the Court of learned Civil Judge (Senior Division), Khallikote, Ganjam so also to the Court of learned Judge, Family Court, Bhubaneswar for compliance.

¶29

13. Interim order dated 29.07.2024 passed in I.A. No.135 of 2024 stands vacated.

¶30

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

¶31

(S. K. MISHRA) Signature Not Verified JUDGE

¶32

Digitally Signed

¶33

Banita

¶34

Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICACTION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 11-Sep-2025 15:45:15

¶35

Page 3 of 3

Rekha Pati v. Prabhudatta Rath

Case brief

What is this about?

What did the court decide?

Rekha Pati v. Prabhudatta Rath

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Prakash Chandra Sahoo Vs Sbi,Cppc,Bomikhal,Bbsr

Priyanka Mohanty Vs Srikanta Kumar Mohanty

Nandini Rana Vs Kedar Surya Mahapatra

Akhaya Kumar Panda Vs State of Odisha

Dhaneswar Naik Vs Bhramarbar Naik

Rasmita Panda Vs State of Odisha