Dismissed

Suresh Chandra Sahoo v. Subhashree Subhasmita Subudhi

Orissa HC17 Feb 2025TRP(C)/99/2024

Case brief

AI extract

What is this about?

The court dismissed a transfer petition filed by a husband seeking to move a domestic violence/family proceeding from Khurda to Bhubaneswar for convenience, rejecting the transfer as it would burden the wife residing in Khurda. The court vacated the interim stay order and directed the lower court not to insist on personal attendance unless absolutely necessary.

What did the court decide?

Transfer petition dismissed; interim stay vacated; lower court directed not to insist on personal attendance.

Suresh Chandra Sahoo Vs Subhashree Subhasmita… — Civil Procedure and Limitation | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.99 of 2024

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Suresh Chandra Sahoo …. Petitioner

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Mr. Tirtha Kumar Sahoo, Advocate on behalf of Mr. Puspamitra Mohapatra, Advocate

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-versus-

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Subhashree Subhasmita Subudhi …. Opposite Party

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Mr. Abhilash Mishra, Advocate

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CORAM:

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HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

ORDER

17.02.2025

This matter is taken up through Hybrid Mode.

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This Transfer Petition (Civil) has been filed by the Petitioner-husband seeking transfer of Civil Proceeding No.228 of 2023 filed under Section 9 of the Hindu Marriage Act, 1955 at the instance of the opposite party-wife, pending in the Court of the learned Judge, Family Court, Khurda to the Court of the learned Judge, Family Court, Bhubaneswar on the ground that since the petitioner is now working as Senior Manager, Bank of Baroda, Tankapani Road, Bhubaneswar, it is difficult on his part to attend in the aforesaid case on each date of its posting.

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It is submitted by Mr. Tirtha Kumar Sahoo, learned counsel on behalf of Mr. Puspamitra Mohapatra, learned counsel appearing for the petitioner that since the petitioner-husband is now working as Senior Manager, Bank of Baroda, Tankapani Road, Bhubaneswar, it would be difficult on his part to attend the

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

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On the other hand, Mr. Abhilash Mishra, learned counsel appearing for the opposite party-wife, vehemently, opposed the aforesaid submission of the learned counsel for the petitioner with the submission that since the opposite party-wife is now residing at Dhalapathar under Begunia Police Station in the district of Khurda, if the aforesaid C.P. No.228 of 2023 filed by the opposite party-wife is transferred to the Court of the learned Judge, Family Court, Bhubaneswar, the opposite party-wife will face much difficulty to attend the aforesaid proceeding at Bhubaneswar.

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Considering the aforesaid submission of the learned counsel for the respective parties and also keeping in view the distance between the Court of the learned Judge, Family Court, Khurda and the Court of the learned Judge, Family Court, Bhubaneswar, this Court declines to entertain this application for transfer, which is, therefore, dismissed. It will be open to the petitioner to seek permission of the Court below to appear through virtual mode. Further, the Court below shall not insist upon the personal attendance of the petitioner unless absolutely necessary.

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With the aforesaid observation, this TRPCRL stands disposed of. 7. Interim order dated 02.09.2024 passed by this Court in I.A. No.98 of 2024 staying further proceeding of C.P. No.228 of 2023 pending in the Court of the learned Judge, Family Court, Khurda stands vacated.

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Page 2 of 3

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In view of the aforesaid order, I.A. No.361 of 2024 filed by the opposite party-wife for vacation of stay stands disposed of as infructuous.

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A copy of this order be communicated to the Court of the learned Judge, Family Court, Khurda forthwith.

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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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Suresh Chandra Sahoo v. Subhashree Subhasmita Subudhi

Case brief

What is this about?

What did the court decide?

Suresh Chandra Sahoo v. Subhashree Subhasmita Subudhi

Case brief

What is this about?

What did the court decide?

What the court decided

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