Tarapada Senapati Vs Manima Rani Ghosh — Maintenance and Alimony | Orissa HC (2025)

Tarapada Senapati Vs Manima Rani Ghosh — Maintenance and Alimony | Orissa HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to both petitioners — husband Tarapada Senapati (TRPCRL No.18 of 2024) and wife Manima Rani Ghosh (TRP(C) No.295 of 2023) — to seek permission of the Court concerned to appear through virtual mode; if such a prayer is made, the Court(s) concerned shall not insist upon their personal attendance unless absolutely necessary.

Issue for consideration

Whether the prayer in TRPCRL No.18 of 2024 by the husband, Tarapada Senapati, for transfer of Criminal Proceeding No.174 of 2023 (a Section 125 CrPC proceeding filed by the wife) from the Court of the learned Judge, Family Court, Bhubaneswar to the Court of the learned Judge, Family Court, Baripada should be accepted. +1 more

Court's answer

Upon hearing counsel and considering the grounds for transfer along with the mediation report, this Court was not inclined to accept the prayers for transfer; consequently, the husband's TRPCRL No.18 of 2024 seeking transfer of Criminal Proceeding No.174 of 2023 (Section 125 CrPC) from Family Court, Bhubaneswar to Family Court, Baripada stands dismissed.

Ratio / Principle

The respective parties' prayers for transfer of their cases were rejected and the transfer petitions were dismissed; accordingly the wife's TRP(C) No.295 of 2023 seeking transfer of Civil Proceeding No.112 of 2023 from Family Court, Baripada to Family Court, Bhubaneswar also stands dismissed.

Detailed headnote1 paragraphs

Transfer petitions — matrimonial dispute — TRPCRL No.18 of 2024 filed by the husband, Tarapada Senapati, sought transfer of Criminal Proceeding No.174 of 2023 under Section 125 of the Code of Criminal Procedure, 1973 from the Court of the learned Judge, Family Court, Bhubaneswar to the Court of the learned Judge, Family Court, Baripada; TRP(C) No.295 of 2023 filed by the wife, Manima Rani Ghosh, sought transfer of Civil Proceeding No.112 of 2023 from the Family Court, Baripada to the Family Court, Bhubaneswar. By order dated 18.03.2024 the dispute was referred to the High Court Mediation Centre; mediation (Proceeding No.114 of 2024, report dated 06.09.2024 by learned Mediator Mr. Prafulla Kumar Mohapatra, Advocate) did not resolve the dispute. Hearing the parties and taking note of the mediation report, the Court (Hon'ble Mr. Justice Murahari Sri Raman; order dated 18.03.2025) declined to accept the respective transfer prayers and dismissed both transfer petitions, granting liberty to appear through virtual mode, with the Court(s) concerned directed not to insist upon personal attendance unless absolutely necessary.

IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.18 of 2024

&

TRP(C) No.295 of 2023

Tarapada Senapati …. Petitioner (in TRPCRL No.18 of 2024)

Mr. Suryakanta Dwibedi, Advocate

-versus-

Manima Rani Ghosh

…. Opposite Party M/s. Ramdas Achary, Advocate and Associates

Manima Rani Ghosh (in TRP(C) No.295 of 2023)

…. Petitioner

M/s. Ramdas Acary, Advocate and Associates

-versus-

Tarapada Senapati

…. Opposite Party Mr. Suryakanta Dwibedi, Advocate

CORAM:

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No. 04.

ORDER

18.03.2025

This matter is taken up through Hybrid Mode.

This TRPCRL No.18 of 2024 has been filed by the husbandTarapada Senapati seeking transfer of the Criminal Proceeding No.174 of 2023, filed by the wife-Manima Rani Ghosh under Section 125 of the Code of Criminal Procedure, 1973 from the Court of the learned Judge, Family Court, Bhubaneswar to the Court of the learned Judge, Family Court, Baripada and the TRP(C) No.295 of 2023 has been filed by the wife-Manima Rani Ghosh seeking transfer of the Civil Proceeding No.112 of 2023, which is stated to be pending before the Court of the learned Judge, Family Court, Baripada to the Court of the learned Judge, Family Court, Bhubaneswar.

Page 1 of 3

This Court vide order dated 18.03.2024 in TRPCRL No.18 of 2024 and TRP(C) No.295 of 2023 has passed the following order:-

“1. This matter is taken up through hybrid mode.

2. In course of hearing, learned counsel for the parties submit that the dispute being matrimonial in nature, an attempt can be made to resolve the same amicably.

3. In view of such submission, let the records be placed before the Coordinator, High Court Mediation Centre, who shall do the needful. The parties are directed to appear pursuant to notice issued by the Mediator and shall render full cooperation in mediation proceeding.

4. List these matters on 29^th April, 2024.”

3.1. Accordingly, these matters were placed before the Orissa High Court Mediation Centre, Cuttack.

Pursuant to the aforesaid order of this Court, the High Court of Orissa Mediation Centre, Aain Seva Bhawan, CDA, Cuttack issued letter No.1862 dated 06.09.2024, which is reflected as follows:-

“Sir,

I am to send herewith, the Mediation Proceeding Report dtd. 06.09.2024, in Mediation Proceeding No.114 of 2024 (arising out of TRPCRL Case No.18 of 2024 & TRPC No.295 of 2023), submitted by the learned Mediator Mr. Prafulla Kumar Mohapatra, Advocate for placing the same before the Hon’ble Court for kind perusal and necessary orders.

This is for favour of your information and necessary action.”

Heard learned counsel for the parties.

Upon hearing the arguments as advanced by the counsel and keeping in mind the grounds for transfer, having taken note of mediation report, this Court is not inclined to accept the prayers

Page 2 of 3

Suchitra

made by the respective parties for transfer of their cases, which are, therefore, dismissed. However, liberty is granted to the husband, namely, Tarapada Senapati (Petitioner in TRPCRL No.18 of 2024) and wife, namely, Manima Rani Ghosh (Petitioner in TRP(C) No.295 of 2023) to seek permission of the Court concerned to appear through virtual mode. In the event such a prayer is made, the Court(s) concerned shall not insist upon the personal attendance of the aforesaid petitioner in their respective case unless absolutely necessary.

These TRPCRL and TRP(C) are, therefore, dismissed with liberty as granted above.

(M.S. Raman) Judge

Page 3 of 3

Signature Not Verified

Digitally Signed Signed by: SUCHITRA BEHERA Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Mar-2025 18:12:56