Smita Priyadarshini Sahoo v. Nabodita Sahoo

Orissa HC25 Mar 2026TRP(C)/5/2026

Case brief

AI extract

What is this about?

TRP(C) No.5 of 2026, High Court of Orissa at Cuttack, order dated 25.03.2026, Justice Mruganka Sekhar Sahoo. Transfer of matrimonial proceeding C.P. No.353 of 2025 (dissolution of marriage, Hindu Marriage Act 1955 S.13(1)(i-a)(i-b)) from Family Court Jajpur to Family Court Cuttack on consent of opposite party-husband; wife previously set ex-parte at Jajpur; conciliation participation flagged; joint appearance fixed for 24.04.2026 along with Crl.P. No.215/2025; petition disposed of. Related: correction of typo in order dated 10.02.2026.

What did the court decide?

Transfer of C.P. No.353 of 2025 from the Family Court, Jajpur to the Family Court, Cuttack, with directions to the parties to cooperate (including in conciliation) and to appear before the Family Court, Cuttack on 24.04.2026; copy of the order to be forwarded to both Family Courts.

Smita Priyadarshini Sahoo Vs Nabodita Sahoo — Matrimonial and Divorce | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether C.P. No.353 of 2025 pending before the learned Judge, Family Court, Jajpur should be transferred to the Court of the learned Judge, Family Court, Cuttack.

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Court's answer

C.P. No.353 of 2025 pending before the court of the learned Judge, Family Court, Jajpur is transferred to the Court of the learned Judge, Family Court, Cuttack.

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Ratio / Principle

The parties are directed to cooperate in sincerely prosecuting the matter, including the conciliation that would happen.

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Key takeaways

The parties shall appear before the learned Judge, Family Court, Cuttack on 24.04.2026, the date on which Crl.P. No.215/2025 filed by the petitioner-wife is posted; on appearance the learned Judge shall proceed with the matter in accordance with law.ratio¶¶28

Detailed headnote1 paragraphs

Transfer Petition (Civil) disposed of by the High Court of Orissa at Cuttack (single Bench, Justice Mruganka Sekhar Sahoo): C.P. No.353 of 2025, a husband's petition under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 for dissolution of a marriage solemnized on 07.05.2019 at Tangi, district Cuttack, pending before the Family Court, Jajpur, is transferred to the Family Court, Cuttack. Counsel for the opposite party-husband consented to the transfer; the Court noted the petitioner-wife had been set ex-parte at Jajpur for repeated default and had not participated in statutorily mandated conciliation. Parties are directed to cooperate sincerely, including in conciliation, and to appear before the Family Court, Cuttack on 24.04.2026, when Crl.P. No.215/2025 filed by the petitioner-wife is posted. A typographical error in paragraph-8 of the earlier order dated 10.02.2026 ('Cuttack' in place of 'Jajpur') was corrected and a fresh certified copy ordered.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.5 of 2026

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Smita Priyadarshini Sahoo …. Petitioner

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Mr. B. Mohapatra, Advocate -versus-

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Nabodita Sahoo

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…. Opp. Party

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Mr. P.C.Mishra, Advocate

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CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

25.03.2026

(Hybrid Mode)

Order No.

02. 1 . Office note indicates that in paragraph-8 of order dated 10.02.2026 an inadvertent typographical error has crept in. In paragraph-8 ‘Cuttack’, shall be corrected and ‘Jajpur’ shall be mentioned by writing in pen.

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Free certified copy of order dated 10.02.2026 shall be issued afresh.

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2 . The petitioner-wife is before this Court seeking transfer of C.P. No.353 of 2025 pending before the learned Judge, Family Court, Jajpur. The said C.P. has been filed by the husband in the marriage under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955 seeking dissolution of marriage solemnized between

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the parties on 07.05.2019 at Tangi in the district of Cuttack.

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3. The learned counsel Mr. Mishra has appeared for opposite party-husband in the marriage by filing Vakalatnama. He submits that he has received instruction that the opposite party-husband in the marriage agrees for the transfer of the petition to the court of learned Judge, Family Court at Cuttack.

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Learned counsel highlights the fact that due to repeated default on the part of the petitioner-wife in the C.P. before the learned Judge, Family Court, Jajpur she has been set ex-parte. She has never appeared before the said Court. After filing of the present application and order dated 10.02.2026 she only produced the certified copy of the order dated 10.02.2026 before the learned Family Court. It is submitted that the opposite party is put to difficulty before the Family Court because of non-cooperation of the petitioner.

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Mr. Mohapatra, learned counsel for the petitioner submits that the petitioner sincerely wants to resume the matrimonial relationship.

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4. The submissions of the learned counsel for the opposite party are correct to the extent that the petitioner-wife in the marriage has not participated in the conciliation mandated by the statute during

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pendency of the petition filed by the husband U/s.13 of the Hindu Marriage Act.

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5. This Court also puts on record it’s appreciation for the efforts of the learned counsel for the opposite party as well as the response of the opposite party in agreeing to the suggestion of the petitioner-wife that the matter may be prosecuted at Cuttack, which has resulted in early disposal of interlocutory application which has impacted the pending matrimonial proceeding.

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6. The C.P. No.353 of 2025 pending before the court of learned Judge, Family Court, Jajpur shall be transferred to the Court of learned Judge, Family Court, Cuttack.

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7. The parties are directed to cooperate in sincerely prosecuting the matter including conciliation that would happen.

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Copy of this order shall be forwarded to the learned Judge, Family Court, Jajpur and the learned Judge, Family Court, Cuttack to be kept in the records of the proceeding.

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8. The parties shall appear before the learned Judge, Family Court, Cuttack on 24.04.2026 on which date the Crl.P. No.215/2025 filed by the petitioner-wife is posted, as informed by the learned counsel for the opposite party.

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On appearance of the parties, learned Judge, Family Court shall proceed with the matter in accordance with law.

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9. The petition is disposed of.

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(Mruganka Sekhar Sahoo)

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Judge

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Radha