Allowed¶9

Dibyajyoti Behera v. Deepanwita Sahoo

Orissa HC8 Apr 2025TRP(C)/36/2025

Case brief

AI extract

What is this about?

Transfer petition; Section 24 Code of Civil Procedure 1908; Hindu Marriage Act 1955 Section 13(1)(i) and (ia); MAT Case No.17 of 2024; Cr.P. No.145 of 2024; Civil Judge (Senior Division) Anandapur Keonjhar; Judge Family Court Bhadrak; convenience of parties; avoid conflict of opinion/decision; notice delivered 22.03.2025; no objection by Opposite Party; TRP(C) No.36 of 2025; High Court of Orissa at Cuttack.

What did the court decide?

Transfer of MAT Case No.17 of 2024 from the Court of the learned Civil Judge (Senior Division), Anandapur (Keonjhar) to the Court of the learned Judge, Family Court, Bhadrak; both courts directed to act on communication of the order or production of its certified copy, whichever is earlier; pending I.A.s, if any, disposed of; Registry instructed to communicate the order to both courts forthwith. ¶9

Dibyajyoti Behera Vs Deepanwita Sahoo — Matrimonial and Divorce | Orissa HC (2025)

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether MAT Case No.17 of 2024, pending before the learned Civil Judge (Senior Division), Anandapur in the district of Keonjhar, should be transferred to the Court of the learned Judge, Family Court, Bhadrak, where the Opposite Party-wife's Cr.P. No.145 of 2024 is pending, for convenience and to avoid conflict of opinions/decisions.

¶4.2

Court's answer

Considering the averments and submissions of the learned counsel for the Petitioner, and the absence of any objection from the Opposite Party despite notice being served, the Court deemed it appropriate to transfer MAT Case No.17 of 2024 from the Court of the learned Civil Judge (Senior Division), Anandapur (Keonjhar) to the Court of the learned Judge, Family Court, Bhadrak.

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Ratio / Principle

MAT Case No.17 of 2024 was expressly directed to be transferred to the Court of the learned Judge, Family Court, Bhadrak.

¶7

Key takeaways

Pending interlocutory applications, if any, in the matter were disposed of as a consequence of the transfer order.obiter¶10

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (M.S. Raman, J.), by order dated 08.04.2025 in TRP(C) No.36 of 2025, allowed a transfer petition preferred by the Petitioner-husband under Section 24 of the Code of Civil Procedure, 1908 and directed MAT Case No.17 of 2024 — his suit under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955 pending before the learned Civil Judge (Senior Division), Anandapur in the district of Keonjhar — to be transferred to the Court of the learned Judge, Family Court, Bhadrak, where the Opposite Party-wife's Cr.P. No.145 of 2024 is already stated to be pending, so that both proceedings are tried at one place before the same Court for the sake of convenience and to avoid conflict of opinion/decision. Notice served on the Opposite Party (delivered 22.03.2025) drew neither appearance nor objection. Pending I.A.s, if any, stood disposed of; both courts were directed to act on the communication or a certified copy of the order, whichever is earlier; and the Registry was instructed to communicate the order to both courts forthwith.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.36 of 2025

¶3

Dibyajyoti Behera

¶4

…. Petitioner

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Mr. Jayakrishna Mohapatra, Advocate

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-versus-

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Deepanwita Sahoo

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Opposite Party

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

¶11

Order No. 02.

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ORDER 08.04.2025

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This matter is taken up through Hybrid Mode.

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This application has been filed by the learned counsel for the Petitioner under Section 24 of the Code of Civil Procedure, 1908 for transfer of the MAT Case No.17 of 2024, filed by the Petitioner-husband under Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, which is stated to be pending in the Court of the learned Civil Judge, (Senior Division), Anandapur in the district of Keonjhar to the Court of the learned Judge, Family Court, Bhadrak.

¶15

Pursuant to the order dated 11.02.2025 notice was issued to the Opposite Party. Today, when the matter was taken up, Office note indicated that neither A.D. nor undelivered notice as against sole Opposite Party returned. On perusal of downloaded tracking report of the Postal Department at Flag-B, it is revealed that notice was delivered on 22.03.2025 to the Opposite Party, but none represented the Opposite Party at the time of call.

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Page 1 of 4

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Learned counsel appearing for the Petitioner taking this Court to the cause title of MAT Case No.17 of 2024 filed by the Petitioner-husband in the Court of the learned Civil Judge, (Senior Division), Anandapur in the district of Keonjhar submitted that the address of the Opposite Party has been disclosed therein as “Village/PO-Bancho, P.S. Anandapur, Dist-Keonjhar, At present D/o Gouranga Sahoo, At/PO: Kothar, P.S.: Dhusuri, District: Bhadrak”. Further, he has referred to cause title of Cr.P. No.145 of 2024 filed by the Opposite Party-wife, which is stated to be pending before the Court of the learned Judge, Family Court, Bhadrak, wherein the present address of Opposite Party is disclosed as “Village/PO: Bancho, P.S.: Anandapur, District: Keonjhar, At present D/o. Gouranga Sahoo, At/PO: Kothar, P.S. Dhusuri, District: Bhadrak”.

¶18

4.1. He has further submitted that notice issued to the Opposite Party from this Court in the present case in the address “Village/PO: Bancho, P.S.: Anandapur, District: Keonjhar, At present residing D/o. Gouranga Sahoo, Vill/PO: Kothar, P.S.: Dhusuri, District: Bhadrak” is reported to have been served in the said address, which is depicted from the downloaded copy of the tracking report placed in the record by the Registry.

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4.2. He would urge that for the sake of convenience and in order to avoid conflict of opinion/ decision, both the aforementioned cases are required to be tried at one place before the same Court.

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4.3. Therefore, he suggested that since Cr.P No. 145 of 2024 filed by the Opposite Party-wife is now pending in the Court of the learned Judge, Family Court, Bhadrak, no prejudice would be

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Page 2 of 4

¶22

caused to either of the parties if MAT Case No.17 of 2024 stated to be pending before the Court of the learned Civil Judge, (Senior Division), Anandapur in the district of Keonjhar is transferred to the Court of the learned Judge, Family Court, Bhadrak.

¶23

Heard learned counsel appearing for the Petitioner. Neither the Opposite Party nor her representative appeared today or has any objection been filed despite notice being served on her.

¶24

Considering the averment and submission advanced by learned counsel for the Petitioner, it is deemed apposite to transfer MAT Case No.17 of 2024 from the Court of the learned Civil Judge, (Senior Division), Anandapur in the district of Keonjhar to the Court of the learned Judge, Family Court, Bhadrak.

¶25

Accordingly, MAT Case No.17 of 2024 is directed to be transferred to the Court of the learned Judge, Family Court, Bhadrak.

¶26

Both the learned Civil Judge, (Senior Division), Anandapur in the district of Keonjhar and the learned Judge, Family Court, Bhadrak are directed to act upon the communication of this order or on production of certified copy of this order before them, whichever is earlier.

¶27

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

¶28

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

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Registry is instructed to communicate the said order to the Court of the learned Civil Judge, (Senior Division), Anandapur in

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Page 3 of 4

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the district of Keonjhar as well as the learned Judge, Family Court, Bhadrak forthwith.

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(M.S. Raman) Judge

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Laxmikant

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Signature Not Verified

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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

¶36

Page 4 of 4

Dibyajyoti Behera v. Deepanwita Sahoo

Case brief

What is this about?

What did the court decide?

Dibyajyoti Behera v. Deepanwita Sahoo

Case brief

What is this about?

What did the court decide?

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