Disposed¶20

Smitarani Seet v. Rajeev Ranjan Seth

Transfer Petition (TRP(C) No.29 of 2025) – rendered infructuous

Orissa HC8 Apr 2025TRP(C)/29/2025

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What is this about?

Orissa High Court, Cuttack; TRP(C) No.29 of 2025; decided 08.04.2025 by M.S. Raman, J.; Smitarani Seet v. Rajeev Ranjan Seth; transfer petition rendered infructuous; ex-parte judgment dated 21.02.2025 in C.P. No.391 of 2024 by Judge, Family Court, Bhadrak despite High Court stay order dated 11.02.2025; liberty to file application for setting aside ex-parte judgment; valuable right to defend; pending I.A. disposed of; hybrid mode hearing.

What did the court decide?

Liberty granted to the Petitioner-wife to approach the concerned Court with an appropriate petition for setting aside the judgment dated 21.02.2025 passed in C.P. No.391 of 2024, with the direction that such a petition be considered pragmatically; the TRP(C) stands disposed of and pending I.A., if any, stands disposed of. ¶20

Smitarani Seet Vs Rajeev Ranjan Seth — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the transfer petition (TRP(C) No.29 of 2025) has been rendered infructuous in view of the final ex-parte judgment dated 21.02.2025 passed in C.P. No.391 of 2024 by the learned Judge, Family Court, Bhadrak. +1 more

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Court's answer

With the final judgment passed by the learned Judge, Family Court, Bhadrak in the absence of the Petitioner-wife, the transfer petition stands rendered infructuous.

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Ratio / Principle

Liberty is granted to the Petitioner-wife to approach the Court concerned with an appropriate petition praying for setting aside the judgment dated 21.02.2025 passed in C.P. No.391 of 2024; if such a petition is moved, it shall be considered pragmatically, keeping in view that the valuable right of the Petitioner to defend her case would otherwise be lost.

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Key takeaways

In view of the aforesaid order, pending I.A., if any, shall stand disposed of.ratio¶21

Detailed headnote1 paragraphs

Transfer Petition (TRP(C) No.29 of 2025) — rendered infructuous — ex-parte judgment dated 21.02.2025 passed by the learned Judge, Family Court, Bhadrak in C.P. No.391 of 2024 in absence of Petitioner-wife, before certified copy of this Court's interim stay order dated 11.02.2025 was produced — non-appearance of Petitioner-wife held to be for bona fide reasons; serious prejudice may have been caused — liberty granted to Petitioner-wife to approach the concerned Court with a petition for setting aside the ex-parte judgment; such petition to be considered pragmatically, keeping in view that her valuable right to defend her case would otherwise be lost — TRP(C) disposed of; pending I.A., if any, disposed of. (Paras 4, 5, 6)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.29 of 2025

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Smitarani Seet

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…. Petitioner

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Mr. Nishikant Mishra, Advocate

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-versus-

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Rajeev Ranjan Seth

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…. Opposite Party Mr. Biswajit Pasayat, Advocate

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER

08.04.2025

This matter is taken up through Hybrid Mode.

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Learned counsel appearing for the Petitioner submitted that before producing certified copy of interim order dated 11.02.2025 passed in the transfer petition, the learned Judge, Family Court, Bhadrak had already passed an ex-parte judgment dated 21.02.2025 in C.P. No.391 of 2024.

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Learned counsel appearing for the Opposite Party furnishing a copy of judgment dated 21.02.2025 passed in C.P. No.391 of 2024 by the learned Judge, Family Court, Bhadrak along with a memo submitted that the transfer petition has been rendered infructuous. As the Petitioner did not furnish copy of Order dated 11.02.2025, wherein the Civil Proceeding bearing C.P. No.391 of 2024 was directed to be stayed, no infirmity can be imputed to the learned Judge, Family Court in delivering judgment on the date fixed for the said purpose. The said copy of judgment and memo is taken on record.

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Page 1 of 2

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Upon hearing counsel for both the parties, considered the submission advanced at the Bar. In view of final judgment being passed by the learned Judge, Family Court, Bhadrak in absence of Petitioner-wife, this transfer petition has been rendered infructuous. However, considering that ex parte Judgment has been passed by the learned Judge, Family Court, Bhadrak on 21.02.2025 despite order dated 11.02.2025 passed by this Court, wherein further proceeding in C.P. No.391 of 2024 has been directed to be stayed, serious prejudice may have caused to the Petitioner-wife. As it appears non-appearance of the petitioner-wife is for bona fide reasons. Therefore, as suggested by the learned counsel appearing for the Petitioner, liberty is granted to the Petitioner-wife to approach the Court concerned with appropriate petition with a prayer for setting aside the judgment dated 21.02.2025 passed in C.P. No.391 of 2024. In case such a petition is moved, the same shall be considered pragmatically keeping in view that valuable right of the Petitioner to defend her case would be lost.

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With the aforesaid observation, the TRP(C) stands disposed of with the aforesaid liberty.

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In view of the aforesaid order, pending I.A., if any, shall stand disposed of.

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Signature Not Verified Laxmikant

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Laxmikant

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(M.S. Raman) Judge

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Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Apr-2025 19:36:29

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Page 2 of 2

Smitarani Seet v. Rajeev Ranjan Seth

Case brief

What is this about?

What did the court decide?

Smitarani Seet v. Rajeev Ranjan Seth

Case brief

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