Manaswini Sahoo Vs Poonam Kumar Sahu — Orissa HC (2025) — LawSathi Research

Manaswini Sahoo Vs Poonam Kumar Sahu — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Recall/modification of the Court's order dated 18.09.2025: no transfer of CP No.437 of 2021 to the Family Court, Bhadrak; the petitioner to participate in the proceeding before the Family Court, Berhampur through virtual mode; the learned Judge, Family Court, Berhampur directed to expedite commencement of the hearing. IA disposed of accordingly; urgent certified copy ordered as per rules.

Issue for consideration

Whether the Court's order dated 18.09.2025 in TRP(C) No.413 of 2022 (transferring CP No.437 of 2021 to the Family Court at Bhadrak) should be recalled on the ground that the hearing there has not commenced and the petitioner can participate through virtual mode. +1 more

Court's answer

In view of the order in Rajani Patra (TRP(C) No.180 of 2023) and the availability of virtual-mode appearance at both ends, the Court held that its order dated 18.09.2025 directing transfer of CP No.437 of 2021 to Bhadrak was required to be recalled/modified.

Ratio / Principle

Instead of physically transferring the proceeding from Berhampur to the Family Court at Bhadrak, the petitioner was to be directed to appear and participate in CP No.437 of 2021 through virtual mode without the need to travel to Berhampur.

Key takeaways

Addressing the petitioner's apprehension of further delay, the learned Judge, Family Court, Berhampur was directed to expedite the commencement of the hearing in CP No.437 of 2021.ratio¶23

Detailed headnote1 paragraphs

Orissa High Court (R.K. Pattanaik, J.), order dated 30.01.2026 in TRP(C) No.413 of 2022: On an IA moved by the opposite party, the Court recalled/modified its earlier order dated 18.09.2025, whereby CP No.437 of 2021 (pending before the learned Judge, Family Court, Berhampur) had been transferred to the Family Court at Bhadrak. Relying on its order dated 09.07.2025 in Rajani Patra Vrs. State of Odisha and another (TRP(C) No.180 of 2023) and noting that virtual-appearance facilities are available at both ends, the Court dispensed with the physical transfer and instead directed the petitioner to appear and participate in CP No.437 of 2021 through virtual mode without travelling to Berhampur; to meet the apprehension of further delay, the learned Judge, Family Court, Berhampur was further directed to expedite the commencement of the hearing. The IA was disposed of accordingly, with urgent certified copy as per rules.

IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.413 of 2022

Manaswini Sahoo

…. Petitioner

Mr. R.N. Rout, Advocate

-Versus-

Poonam Kumar Sahu

…. Opposite Party

Mr. S.P. Das, Advocate

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

30.01.2026

Order No.

I.A. No.405 of 205

Heard learned counsel for the respective parties.

Instant IA is filed seeking recall of the Court’s order dated 18^th September, 2025 passed in TRP(C) No.413 of 2022 on the grounds stated therein.

This Court in absence of the opposite party disposed of the TRP(C) on 18^th September, 2025 directing transfer of the proceeding in CP No.437 of 2021 to the Family Court at Bhadrak considering the plea of the petitioner.

The IA is filed seeking recall of the said order on the ground that the hearing has not commenced and the petitioner may participate in the proceeding through virtual mode. A copy of the order dated 9^th July, 2025 in TRP(C) No.180 of 2023

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( Rajani Patra Vrs. State of Odisha and another ) of this Court is produced by learned counsel for the opposite party to submit that there is no need for transferring the proceeding to the court at Bhadrak as the petitioner may appear therein through virtual mode.

According to learned counsel for the petitioner, the order dated 18^th September, 2025 should not be recalled as there has been a conclusion reached at to the effect that the petitioner is likely to suffer, if the proceeding is allowed to continue at Berhampur. The further submission is that with inordinate delay for about a month or so, the IA is filed by the opposite party.

Considering the order in Rajani Patra (supra) and since facility to appear through virtual mode is available at both the ends, in the considered view of the Court, the order dated 18^th September, 2025 is required to be recalled/modified. The Court is of the view that instead of transferring the proceeding from Berhampur to the court of learned Judge Family Court, Bhadrak, it would be advisable, if the petitioner is directed to appear through virtual mode and patriciate in the proceeding without the need to travel to Berhampur. Considering the apprehension expressed by the petitioner on the delay, which is likely to take place, the Court is also the view that a direction is necessary to the learned Judge Family Court, Berhampur to expedite the commencement of the hearing in CP No.437 of 2021. Having said that, the Court is inclined to recall/modify

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the order dated 18^th September, 2025 with the observation made hereinabove.

IA is disposed of accordingly.

Issue urgent certified copy of this order as per rules.

(R.K. Pattanaik) Judge

TUDU

Signature Not Verified

Digitally Signed Signed by: THAKURDAS TUDU Reason: Authentication Location: OHC,CTC Date: 31-Jan-2026 16:38:43

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