Rasmita Pradhan Vs Sanjib Pradhan

2. Pursuant to the order dated 24.07.2025, the learned Judge, Family Court, Nayagarh has submitted a compliance report vide letter No.563 dated 08.08.2025, wherefrom it is revealed that the Opposite Party-Sanjib Pradhan, who is the Petitioner in C.P. No.18 of 2025, has been informed about the order dated 24.07.2025 passed in the present transfer petition. Despite such report, the Opposite Party goes unrepresented when the matter is called. Hence, on the prayer of the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party.

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3. Heard Mr. Nath, learned Counsel for the Petitioner.

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4. This transfer petition has been filed by the Petitionerwife for transfer of proceeding in C.P. Case No.18 of 2025, pending in the Court of learned Judge, Family Court,

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Nayagarh, to the Court of learned Judge, Family Court, Angul on the grounds detailed in the transfer petition.

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5. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner being a destitute lady, after her desertion, is staying with her parents in Angul. She is fully dependent upon her parents for her livelihood. That apart, the distance from Angul to Nayagarh would be around 200 K.Ms., for which it will be difficult on her part to attend the day to day proceeding in C.P. No.18 of 2025, now pending in the Court of learned Judge, Family Court, Nayagarh. Further, in Cr.P. No.04 of 2019 initiated by her in the Court of learned Judge, Family Court, Angul, an order has been passed for maintenance. Because of the non-payment of the decretal amount, she has initiated execution proceeding vide Cr.P. Execution Petition No.05 of 2024, which is now pending in the Court of learned Judge, Family Court, Angul. He further submits, an F.I.R has been lodged by the Petitionerwife before the Angul Police Station under Sections 498(A)/323/506/34 of I.P.C. read with Section 4 of D.P. Act.

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6. So far as the transfer of matrimonial cases, law is well settled that convenience of the wife must be looked at. 7. In view of the reasons detailed in the transfer petition so also submission made by the learned Counsel for the Petitioner and the settled position of law, the prayer made in the transfer petition is allowed. The learned Judge, Family Court, Nayagarh is directed to transmit the case record in C.P. Case No.18 of 2025 to the Court of learned

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Judge, Family Court, Angul at the earliest, preferably within a period of one week from the date of production of certified copy of this order.

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8. On receiving the case record in C.P. Case No.18 of 2025 from the Court of learned Judge, Family Court, Nayagarh, the learned Judge, Family Court, Angul shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties.

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

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10. To avoid delay, the parties are directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Angul, who shall do well to conclude the said proceeding at the earliest.

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

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12. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Nayagarh so also the Court of learned Judge, Family Court, Angul for

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compliance.

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

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(S. K. MISHRA) JUDGE

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Prasant

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Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 02-Sep-2025 15:41:35

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Rasmita Pradhan v. Sanjib Pradhan

Case brief

What is this about?

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Rasmita Pradhan v. Sanjib Pradhan

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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