Lipalika Rath Vs Siba Prasad Dixit — Matrimonial and Divorce | Orissa HC (2025)

Lipalika Rath Vs Siba Prasad Dixit — Matrimonial and Divorce | Orissa HC (2025)

What the court decided

AI extract

Outcome

Transfer petition disposed of in terms of the mediation settlement dated 28.10.2025: the case record of CP No.330 of 2024 is to be transmitted from the Court of the learned Judge, Family Court, Bhubaneswar to the Court of the learned Judge, Family Court, Cuttack, preferably within one week; the parties may seek conversion of the petition to one under Section 13(B) of the Hindu Marriage Act with waiver of the six-month statutory period in terms of Clause 1 of the settlement (divorce by mutual consent and permanent alimony of Rs.5,50,000/-); interim order dated 14.05.2025 in I.A. No.155 of 2025 vacated.

Issue for consideration

Whether the case record in CP No.330 of 2024, an application under Section 13(1) of the Hindu Marriage Act pending before the learned Judge, Family Court, Bhubaneswar, should be transmitted to the Court of the learned Judge, Family Court, Cuttack.

Court's answer

The learned Judge, Family Court, Bhubaneswar is directed to transmit the case record in CP No.330 of 2024 to the Court of the learned Judge, Family Court, Cuttack, at the earliest, preferably within a period of one week from production of the certified copy of the order.

Ratio / Principle

On transfer of the case record, the parties may move appropriate applications before the learned Judge, Family Court, Cuttack to convert CP No.330 of 2024 from a Section 13(1) petition to a Section 13(B) petition, and for waiver of the statutory period of six months; the transferee Court is to allow such applications for conversion and waiver, taking into consideration the period for which CP No.330 of 2024 was pending before the Judge, Family Court, Bhubaneswar.

Key takeaways

In terms of the successful mediation recorded in the Mediation Report dated 28.10.2025, the transfer petition stands disposed of.ratio¶29
The interim order dated 14.05.2025 passed in I.A. No.155 of 2025 stands vacated.ratio¶30

Detailed headnote1 paragraphs

Hindu Marriage Act — Sections 13(1) and 13(B) — Transfer Petition (Civil) — matrimonial dispute — mediation successful — TRP(C) disposed of in terms of Mediation Report dated 28.10.2025: learned Judge, Family Court, Bhubaneswar directed to transmit the case record of CP No.330 of 2024 (divorce petition under Section 13(1)) to the Court of the learned Judge, Family Court, Cuttack, preferably within one week; parties permitted to convert the petition to one under Section 13(B) (divorce by mutual consent) and to seek waiver of the statutory period of six months, which the transferee Court is to allow considering the pendency at Bhubaneswar; settlement provided for dissolution of the marriage dated 07.12.2020, permanent alimony of Rs.5,50,000/- by Demand Draft (Rs.1,50,000/- on filing of the mutual consent petition and Rs.4,00,000/- at hearing), exchange of gold and silver ornaments on 28.10.2025 before the Mediator, no future claims by either party, and each party bearing its own legal expenditure; interim order dated 14.05.2025 in I.A. No.155 of 2025 vacated.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No. 138 of 2025

Lipalika Rath

Petitioner

Ms. B. Sahoo, Adv.

-versus-

Siba Prasad Dixit

… Opposite Party

Mr. A. K. Pandey, Adv.

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

18.11.2025

Order No.

07.

This matter is taken up through hybrid mode.

2. Learned Counsel for the parties are present. 3. Pursuant to order dated 14.08.2025, the Mediation Report dated 28.10.2025 on record indicates that mediation became successful. The terms of settlement detailed in the Mediation Report, being relevant, are reproduced below:

“Both the parties have agreed to settle their matrimonial dispute amicably under the following terms and conditions;

1. That, the parties agreed to dissolve their marriage dtd.07.12.2020 by a decree of divorce by mutual consent U/s 13(B) of the Hindu Marriage Act, by filing appropriate application before the learned Judge, Family Court, Cuttack.

2. That, towards permanent alimony the

opposite party (husband) has to pay Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand only) to the petitioner by way of Demand Draft. Out of Rs.5,50,000/the opposite party husband will pay Rs.1,50,000/- at the time of filing of the mutual consent petition before the concern Court and rest of Rs.4,00,000/- will be paid by the opposite party (husband) to the petitioner at the time of hearing of the case.

3. That, both the party also agreed not to raise any claim against each other in any manner in future. That none of the parties will claim any status or any right title interest over the movable or immovable properties of each other.

4. That, during the mediation proceeding both he parties also returned/exchanged their ornaments (gold and silver) to each other on 28.10.2025 before the Mediator.

5. That, both the parties will bear their legal expenditure at their own cost.”

(Emphasis supplied)

4. Hence, the learned Judge, Family Court, Bhubaneswar is directed to transmit the case record in CP No.330 of 2024 to the Court of learned Judge, Family Court, Cuttack, at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 5. On transfer of the case record of CP No.330 of 2024, the parties may move appropriate application before the learned Judge, Family Court, Cuttack to

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convert the said application under Section13(1) of Hindu Marriage Act, i.e., CP No.330 of 2024, to Section13(B) application of the of Hindu Marriage Act, in terms of Clause 1 of the settlement, as detailed above, so also application for waiver of the statutory period of six months.

6. If such applications are moved, the learned Judge, Family Court, Cuttack shall do well to allow such application for conversion as well as application for waiver of the statutory period, taking in to consideration the period for which CP No.330 of 2024 was pending before the Judge, Family Court, Bhubaneswar.

7. Accordingly, the transfer petition stands disposed of.

8. Interim order dated 14.05.2025 passed in I.A. No.155 of 2025 stands vacated.

(S.K. MISHRA) JUDGE

Mona

Signature Not Verified

Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orissa Date: 19-Nov-2025 17:57:35

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