Anuradha Biswal Vs Subhadipta Swain

2. Learned Counsel for the Opposite Party is absent on call. Earlier when the matter got listed on 05.08.2025, learned Counsel for the Opposite Party was also found absent for which, the following order was passed.

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“This matter is taken up through hybrid mode.

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2. As the learned Counsel for the Opposite Party is absent on call, the matter stands adjourned, to be listed next week.

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3. It is made clear that if the Opposite Party goes unrepresented on the adjourned date, the transfer petition shall be heard and disposed of in absence of the Opposite Party in accordance with law.”

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3. Accordingly, on the prayer of the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and final disposal in absence of the Opposite Party.

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4. This transfer petition has been filed by the Petitionerwife for transfer of proceeding in C.P. Case No.1051 of 2018, pending in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Cuttack 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 Uncle at Mahanadi Bihar, PO: Nayabazar, PS: Chauliaganj, Dist: Cuttack. She as well as her minor daughter is fully dependent upon her Uncle for their survival. It would be difficult on her part to attend the day to day proceeding at Bhubaneswar. That apart, for her survival, she has instituted a proceeding under Section 125 Cr.P.C. in the Court of the learned Judge, Family Court, Cuttack, which has been registered vide Cr.P. No.79 of 2019. That apart, there is regular threat from the side of the Opposite Party and his family members not to come to the Court at Bhubaneswar to contest the proceeding and there is also life threat to her, if she is asked to appear before the Court at Bhubaneswar.

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6. Law is well settled that, while dealing with transfer petitions in matrimonial cases, convenience of the wife must be looked at and proceedings involving common question of fact and law to be tried together. In N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199, the Supreme Court held as follows:

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“9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is

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that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer .”

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10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”

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(Emphasis supplied)

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7. In view of the reasons detailed in the transfer petition so also submissions made by the learned Counsel for the Petitioner-wife and the settled position of law, the prayer made in the transfer petition is allowed. The learned Judge, Family Court, Bhubaneswar is directed to transmit the case record in C.P. No.1051 of 2018 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.

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8. On receiving the case record in C.P. No.1051 of 2018 from the Court of learned Judge, Family Court, Bhubaneswar, the learned Judge, Family Court, Cuttack

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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. Since Cr.P. No.79 of 2019, at the instance of the Petitioner, is pending before the same Court, for convenience of parties, both C.P. No.1051 of 2018 and Cr.P. No.79 of 2019 be tried together by posting both the said cases to same date.

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10. The learned Judge, Family Court, Cuttack 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, Cuttack.

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11. To avoid delay and notice, the parties are directed to make a query themselves or through their Counsel regarding the date and purpose of posting of C.P. Case No.1051 of 2018 and participate in the proceeding. They are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Cuttack, who shall do well to conclude both the proceedings in C.P. No.1051 of 2018 & Cr.P. No.79 of 2019 at the earliest, preferably within a period of six months from the date of receipt of the record in C.P. Case No.1051 of 2018 from the Court of learned Judge, Family

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Court, Bhubaneswar.

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

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13. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Bhubaneswar so also the learned Judge, Family Court, Cuttack for compliance.

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

(S.K. Mishra)

Prasant

Judge

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: 09-Sep-2025 16:36:23

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Anuradha Biswal v. Subhadipta Swain

Case brief

What is this about?

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Anuradha Biswal v. Subhadipta Swain

Case brief

What is this about?

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