Dismissed

Priyabrata Mohanty v. Rosalin Jamadar

Orissa HC6 Mar 2025TRPCRL/110/2024

Case brief

AI extract

What is this about?

Husband sought transfer of a domestic violence maintenance case from Paralakhemundi to Berhampur, citing an earlier transfer of a related case. The court declined, noting witnesses were local, but allowed petitioners liberty to seek virtual appearance and directed no insistence on personal attendance unless necessary.

What did the court decide?

Petitioners may seek permission to appear through virtual mode; court below shall not insist on personal attendance unless absolutely necessary.

Priyabrata Mohanty Vs Rosalin Jamadar — Domestic Violence | Orissa HC (2025)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.110 of 2024

¶2

Priyabrata Mohanty & others …. Petitioners

¶3

Mr. Jnyananda Panda, Advocate

¶4

-versus-

¶5

Rosalin Jamadar

¶6

…. Opposite Party

¶7

Mr. Soubhagya Kumar Dash, Advocate

¶8

CORAM:

¶9

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

¶10

Order No. 05.

¶11

ORDER 06.03.2025

¶12

This matter is taken up through Hybrid Mode.

¶13

This Transfer Petition (Civil) has been filed by the Petitioners seeking transfer of D.V.M.C. No.30 of 2021 filed at the instance of the Opposite Party-wife in the Court of the S.D.J.M., Paralakhemundi to the Court of the S.D.J.M., Berhampur as this Court vide order dated 27.04.2022 passed in TRP(C) No.113 of 2022 has already transferred C.P. No.15 of 2022 instituted at the instance of the opposite party-wife, to the Court of the learned Judge, Family Court, Berhampur for convenience of both the parties.

¶14

Mr. Soubhagya Kumar Dash, learned counsel appearing for the opposite party-wife, on the other hand, submitted that since the aforesaid case relates to domestic violence under the Protection of Women from Domestic Violence Act to be dealt with by the learned S.D.J.M., Paralakhemundi in criminal side, there is no warrant for transferring the aforesaid case from the Court of the S.D.J.M., Paralakhemundi to the Court of the S.D.J.M., Berhampur for trial,

¶15

Page 1 of 2

¶16

inasmuch as the material witnesses belong to the local area of Paralakhemundi.

¶17

Considering the aforesaid submission of the learned counsel for the parties, this Court is not inclined to accept the aforesaid prayer made in this transfer petition. However, liberty is granted to the petitioners to seek permission of the Court concerned to appear through virtual mode. It is made clear that the Court below shall not insist upon the personal attendance of the petitioners unless absolutely necessary. 5. With the aforesaid order, this TRPCRL stands disposed of being dismissed.

¶18

(M.S. Raman) Judge

¶19

MRS

¶20

Signature Not Verified

¶21

Digitally Signed
Signed by: MANORANJAN
SAMAL
Designation: PERSONAL
ASSISTANT
Reason: Authentication
Location: Orissa High Court,
Cuttack
Date: 07-Mar-2025 14:39:32

¶22

Page 2 of 2

Priyabrata Mohanty v. Rosalin Jamadar

Case brief

What is this about?

What did the court decide?

Priyabrata Mohanty v. Rosalin Jamadar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rajlaxmi S.H.G., Guamal, Bhadrak Vs State of Odisha

Dolamani Satapathy Vs State of Odisha

Subhashree Bhatta Vs Biswajit Mohapatra

Sibaram Maharana Vs State of Odisha

Sadananda Pati Vs Nitin Kusalkar Dagudu, IPS

Umesh Kurrey Vs State of Odisha