Dr. Sasmita Sahu Vs Dr. Rajasish Dutta — Orissa HC (2026) — LawSathi Research

Dr. Sasmita Sahu Vs Dr. Rajasish Dutta — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No transfer was directed. The TRP(C) was disposed of in view of the Opp. Party-husband's memo in the C.P.; the learned Judge, Family Court, Baripada, Mayurbhanj is to pass orders on the memo seeking withdrawal of C.P. No. 314 of 2024 upon production of the certified copy of the order, and the Registry is to forward a copy of the order to be tagged to the file of C.P. No. 314 of 2024.

Issue for consideration

Whether C.P. No. 314 of 2024, pending before the learned Judge, Family Court, Baripada, should be transferred to the Court of the learned Judge, Family Court, Cuttack.

Court's answer

In view of the memo filed by the Opp. Party-husband in the C.P. (stating that he does not want to proceed with the case), the TRP(C) seeking transfer of C.P. No. 314 of 2024 stands disposed of, without adjudication of the transfer question on merits.

Ratio / Principle

Upon production of the certified copy of this order, the learned Judge, Family Court, Baripada, Mayurbhanj shall proceed to pass orders on the memo seeking withdrawal of the C.P. pending before the said Court.

Detailed headnote1 paragraphs

Transfer petition (TRP(C) No. 66 of 2025) by the wife seeking transfer of C.P. No. 314 of 2024 from the Court of the learned Judge, Family Court, Baripada to the Court of the learned Judge, Family Court, Cuttack. During pendency of the C.P., the Opp. Party-husband moved a memo before the learned Judge, Family Court, Baripada, Mayurbhanj stating that he does not want to proceed with the case; in view of the pending TRP(C), the Family Court directed him to obtain instructions on the status of the case before the High Court, and a memo to that effect was filed before the High Court. In view of the husband's memo, the High Court disposed of the TRP(C) without deciding the transfer question on merits, directed that upon production of the certified copy of the order the learned Judge, Family Court, Baripada, Mayurbhanj shall pass orders on the memo seeking withdrawal of the C.P., and directed the Registry to forward a copy of the order to be tagged to the file of C.P. No. 314 of 2024.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.66 of 2025

Dr. Sasmita Sahu

…. Petitioner

-versus-

Dr. Rajasish Dutta

…. Opp. Party

Mr. B.K. Mishra, Advocate

CORAM: JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

22.01.2026

(Hybrid Mode)

Order No.

03. 1 . The petitioner-wife is before this Court seeking transfer of the C.P. No. 314 of 2024 pending in the Court of learned Judge, Family Court, Baripada to the Court of learned Judge, Family Court, Cuttack.

2 . It is submitted by the learned counsel for the Opp. Party that during pendency of the said C.P., the Opp. Party-husband had moved the memo before the learned Judge, Family Court, Baripada, Mayurbhanj stating that he does not want to proceed with the case. On the said date, the learned counsel for the respondent was present. Due to pendency of the present TRP(C), the learned Judge, Family Court, Baripada, Mayurbhanj had directed the present Opp.

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Party-petitioner to obtain instruction regarding the status of the case pending before this Court.

3. Today, memo is filed by the learned counsel for the petitioner stating the above facts and indicating the observations/orders of the learned Judge, Family Court, Baripada, Mayurbhanj.

Copy of the memo is also served on the learned counsel for the petitioner.

4. In view of the memo filed by the Opp. Partyhusband in the C.P., the TRP(C) stands disposed of.

5. Upon production of the certified copy of this order, the learned Judge, Family Court, Baripada, Mayurbhanj shall proceed to pass orders on memo seeking withdrawal of the C.P. pending before the said Court.

6. Issue urgent certified copy as per Rules. Parties to act upon the copy of the order obtained from the official website of this Court.

Registry shall forward copy of this order to the learned Judge, Family Court, Baripada, Mayurbhanj to be tagged to the file of C.P. No.314 of 2024.

(Mruganka Sekhar Sahoo)

Judge

Radha/Rajesh

Signature Not Verified

Digitally Signed Signed by: RADHARANI JENA Reason: Authentication Location: OHC Date: 28-Jan-2026 18:34:13

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