Allowed¶20

Debasmita Swain v. Rakesh Kumar Pradhan

Orissa HC19 Feb 2025TRP(C)/230/2024

Case brief

AI extract

What is this about?

Wife-favourable transfer of husband's Section 9 Hindu Marriage Act, 1955 proceeding (C.P. No.443 of 2024) from Judge, Family Court, Cuttack to Judge, Family Court, Puri; petitioner-wife resides at Puri and has a pending Section 12 Protection of Women from Domestic Violence Act, 2005 case before S.D.J.M., Puri; husband employed at B.J.B. College, Bhubaneswar; interest of justice, inter-city distance and transport accessibility to Puri weighed; TRP(C) No.230 of 2024, High Court of Orissa at Cuttack, Murahari Sri Raman J., allowed 19.02.2025.

What did the court decide?

Transfer of C.P. No.443 of 2024 from the Court of the Judge, Family Court, Cuttack to the Court of the Judge, Family Court, Puri. ¶20

Debasmita Swain Vs Rakesh Kumar Pradhan — Domestic Violence | Orissa HC (2025)

What the court decided

AI extract

Outcome

Transfer of C.P. No.443 of 2024 from the Court of the Judge, Family Court, Cuttack to the Court of the Judge, Family Court, Puri.

¶20

Issue for consideration

Whether C.P. No.443 of 2024 (under Section 9 of the Hindu Marriage Act, 1955) pending before the Judge, Family Court, Cuttack should be transferred to the Court of the Judge, Family Court, Puri, where the petitioner-wife resides and where her domestic violence case is pending, in the interest of justice.

¶14

Court's answer

Having considered the submissions of counsel for both sides, the distances between Cuttack, Bhubaneswar, Puri and Polasara, and the finding that transportation facility is easily accessible to Puri, the Court concluded that the interest of justice would be best served by transferring C.P. No.443 of 2024 to the Court of the learned Judge, Family Court, Puri.

¶17

Ratio / Principle

C.P. No.443 of 2024 pending in the Court of the Judge, Family Court, Cuttack stands transferred to the Court of the Judge, Family Court, Puri for hearing and disposal in accordance with law.

¶18

Key takeaways

Both the Judge, Family Court, Cuttack and the Judge, Family Court, Puri were directed to act upon communication of this order or on production of a certified copy of it, whichever reached them earlier.ratio¶19

Detailed headnote1 paragraphs

Orissa High Court (M.S. Raman, J.), TRP(C) No.230 of 2024, order dated 19.02.2025: Transfer Petition (Civil) filed by the petitioner-wife (Debasmita Swain) seeking transfer of Civil Proceeding No.443 of 2024, instituted under Section 9 of the Hindu Marriage Act, 1955 by the opposite party-husband (Rakesh Kumar Pradhan) and pending before the Judge, Family Court, Cuttack, to the Judge, Family Court, Puri — the wife residing at Puri, where her case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is pending before the S.D.J.M., Puri. Husband's counsel contended the proceedings were distinct and needed no transfer, though suggesting Bhubaneswar (where he works at B.J.B. College) would prejudice neither party. Weighing the rival submissions, the Cuttack–Bhubaneswar–Puri–Polasara distances and the easily accessible transport to Puri, the Court held the interest of justice best served by transfer to Puri, directed that C.P. No.443 of 2024 be transferred to the Judge, Family Court, Puri for hearing and disposal in accordance with law, and disposed of the TRP(C) as allowed; both Family Courts to act on communication of the order or production of a certified copy, whichever is earlier; Registry instructed to communicate the order to both Courts forthwith.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.230 of 2024

¶2

Debasmita Swain …. Petitioner

¶3

Mr. Hrudananda Mohapatra, Advocate

¶4

-versus-

¶5

Rakesh Kumar Pradhan …. Opposite Party

¶6

Ms. Deepanjali Sahu, Advocate

¶7

CORAM:

¶8

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER 19.02.2025

This matter is taken up through Hybrid Mode.

¶13

This Transfer Petition (Civil) has been filed by the Petitioner-wife seeking transfer of Civil Proceeding No.443 of 2024 filed under Section 9 of the Hindu Marriage Act, 1955 at the instance of the Opposite Party-husband in the Court of the Judge, Family Court, Cuttack, to the Court of the Judge, Family Court, Puri as the petitioner is now residing at Puri and she has also filed a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in the Court of the S.D.J.M., Puri.

¶14

Mr. Hrudananda Mohapatra, learned counsel appearing for the petitioner-wife, on instruction, submitted that the aforesaid case is now pending. He further submitted that the petitioner-wife is now residing at Puri. He also submitted that since a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed at the instance of the petitioner-wife is pending in the Court of the S.D.J.M., Puri, if C.P. No.443 of 2024 pending in the Court of the Judge, Family Court, Cuttack continues there, the petitioner-wife would face difficulty in appearing on each date of posting of the said case.

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Page 1 of 2

¶16

On the other hand, Ms. Deepanjali Sahu, learned counsel appearing for the opposite party-husband submitted that since both the aforesaid proceedings being different and distinct, the prayer for transfer of the case needs no indulgence. She, however, submitted that since the opposite partyhusband is now working in the B.J.B. College, Bhubaneswar, if the aforesaid Civil Proceeding is transferred to the Court of the learned Judge, Family Court, Bhubaneswar, no prejudice would be caused to both the parties.

¶17

Considered the aforesaid submissions of the learned counsel for the respective parties, so also the distance between Cuttack-Bhubaneswar-PuriPolasara. It could be ascertained that the transportation facility is easily accessible to Puri. Interest of justice would be best served if C.P. No.443 of 2024 pending in the Court of the learned Judge, Family Court, Cuttack is transferred to the Court of the learned Judge, Family Court, Puri.

¶18

Accordingly, C.P. No.443 of 2024 pending in the Court of the Judge, Family Court, Cuttack is directed to be transferred to the Court of the Judge, Family Court, Puri for hearing and disposal in accordance with law.

¶19

Both the learned Judge, Family Court, Cuttack and learned Judge, Family Court, Puri are directed to act upon the communication of this order or on production of certified copy of this order before them, whichever is earlier.

¶20

With the aforesaid order, this TRP(C) stands disposed of being allowed.

¶21

Signature Not Verified

¶22

Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-inCharge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 20-Feb-2025 13:46:12

¶23

Registry is instructed to communicate this order to the Courts of the Judge, Family Court, Cuttack as well as the Judge, Family Court, Puri forthwith.

¶24

(M.S. Raman) Judge

¶25

Aswini

¶26

Page 2 of 2

Debasmita Swain v. Rakesh Kumar Pradhan

Case brief

What is this about?

What did the court decide?

Debasmita Swain v. Rakesh Kumar Pradhan

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

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