Disposed¶19

Madhusmita Das v. Sanjay Kumar Das

Orissa HC17 Feb 2025TRP(C)/420/2023

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; TRP(C) No.420 of 2023; Madhusmita Das v. Sanjay Kumar Das; transfer petition (civil) by wife; transfer of C.P. No.151 of 2023 from Family Court, Sambalpur to Family Court, Bhubaneswar; ground of residence and employment at Bhubaneswar; summons dated 08.11.2023; underlying proceeding dismissed for default; petition rendered infructuous; disposed of with liberty to file fresh application on future cause of action; decided 17.02.2025 by Justice M.S. Raman.

What did the court decide?

Transfer sought was declined as the petition stood rendered infructuous (the underlying C.P. No.151 of 2023 having been dismissed for default); liberty granted to the petitioner to make a fresh application if any cause of action arises in future. ¶19

Madhusmita Das Vs Sanjay Kumar Das — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Transfer Petition (Civil) should be allowed by directing transfer of Civil Proceeding No.151 of 2023 from the Family Court, Sambalpur to the Family Court, Bhubaneswar, on the ground that the petitioner-wife resides and works at Bhubaneswar and it is difficult for her to attend the Sambalpur court on each date of posting. +1 more

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Court's answer

The TRP(C) was disposed of as having been rendered infructuous, with liberty reserved to the petitioner to make a fresh application in the event any cause of action arises in future.

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Ratio / Principle

In view of the submission advanced on behalf of the opposite party that C.P. No.151 of 2023 had already been dismissed for default, the Court held there was no scope to show indulgence by directing the learned Judge, Family Court, Sambalpur to transfer the Civil Proceeding to the Family Court, Bhubaneswar.

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Detailed headnote1 paragraphs

Transfer Petition (Civil) under TRP(C) jurisdiction — wife-petitioner sought transfer of Civil Proceeding No.151 of 2023, filed by the opposite party-husband, from the Court of the learned Judge, Family Court, Sambalpur to the Court of the learned Judge, Family Court, Bhubaneswar, on the ground of her residence and employment at Bhubaneswar making attendance at Sambalpur on each date of posting difficult. During hearing, counsel for the opposite party submitted that C.P. No.151 of 2023 had already been dismissed for default. Holding that, in view of that submission, there was no scope to show indulgence by directing transfer, the High Court disposed of the transfer petition as rendered infructuous, granting the petitioner liberty to move afresh in the event any cause of action arises in future.

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.420 of 2023

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Madhusmita Das …. Petitioner

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Mr. Pradeep Kumar Mohanty, Advocate

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-versus-

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Sanjay Kumar Das

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…. Opposite Party

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Mr. Abinash Nayak, Advocate

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

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Order No. 05.

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ORDER 17.02.2025

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This matter is taken up through Hybrid Mode.

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This Transfer Petition (Civil) has been filed by the Petitioner-wife seeking transfer of Civil Proceeding No.151 of 2023 filed at the instance of the opposite party-husband, pending in the Court of the learned Judge, Family Court, Sambalpur to the Court of the learned Judge, Family Court, Bhubaneswar on the ground that since the petitioner is residing at Plot NO.249, Kusum Villa, Bairagi Nagar under Jharpada Police Station, Bhubaneswar in the district of Khurda it is difficult on her part to appear in the aforesaid case on each date of its posting.

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It is submitted by Mr. Pradeep Kumar Mohanty, learned counsel appearing for the petitioner that the petitioner-wife has been served with copy of the summons dated 08.11.2023 in the aforesaid C.P. No.151 of 2023. He further submitted that since the petitioner is residing at Bhubaneswar and she is working in a private company at Bhubaneswar, it would be difficult on her part to attend the

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aforesaid Court proceeding before the learned Judge, Family Court, Sambalpur on each date of posting.

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At this stage, Mr. Abinash Nayak, learned counsel appearing for the opposite party-husband submitted that C.P. No.151 of 2023 has already been dismissed for default. Therefore, the present transfer petition does not warrant indulgence.

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In view of the aforesaid submission advanced by Mr. Abinash Nayak, learned counsel appearing for the opposite party, there is no scope for this Court to show any indulgence to direct the learned Judge, Family Court, Sambalpur to transfer the aforesaid Civil Proceeding to the Court of the learned Judge, Family Court, Bhubaneswar.

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Accordingly, this TRP(C) stands disposed of as being rendered infructuous. However, liberty is granted to the petitioner for making a fresh application in the event any cause of action arises in future.

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(M.S. Raman) Judge

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MRS

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Signature Not Verified

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Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Feb-2025 17:42:21

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Madhusmita Das v. Sanjay Kumar Das

Case brief

What is this about?

What did the court decide?

Madhusmita Das v. Sanjay Kumar Das

Case brief

What is this about?

What did the court decide?

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What the court decided

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