Anil Kumar Poddar vs Minati Naik

S.K. Mishra, J.

The present transfer petition has been preferred by the Petitioner-husband, under Section 24 of the Code of Civil Procedure, for transfer of the proceeding in CP Case No.152 of 2025, pending in the Court of learned Judge, Family Court, Baripada, Mayurbhanj, to the Court of learned Judge, Family Court, Deogarh on the grounds detailed in the transfer petition.

Being noticed, though the Opposite Party-wife has appeared in this case, no written objection has been filed opposing to such prayer for transfer

However, on consent of the learned Counsel for the parties, the transfer petition is taken up for hearing and disposal at the stage of admission, permitting the learned Counsel for the Opposite Party-wife to raise oral objections to the prayer made in the transfer petition.

Heard learned Counsel for the parties.

Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-husband submits, CP No.152 of 2025 is the third round litigation at the instance of Opposite Party-wife for a decree of divorce. Initially, she filed MAT Case No.07 of 2022 before the Court of learned Judge, Family Court, Deogarh for divorce, which was dismissed for non-prosecution. Subsequently, she filed MAT Suit Case No.248 of 2024 for divorce before the Court of learned Civil Judge (Senior Division), Rairangpur, which was not entertained vide order dated 08.04.2025 by the learned Court below due to lack of jurisdiction.

Thereafter, the Opposite Party-wife, who is at presently working as Sub-Inspector of Police at Rairangpur Police Station, has intentionally filed the said case at Baripada to harass the Petitioner, who is a disabled person having more than 40% disability and is unable to travel from Deogarh to Baripada to attend the day-to-day proceeding in CP No.152 of 2025 at Baripada.

Hence, the Petitioner, being a resident of Deogarh and being a disabled person, it would be convenient for him to attend the day-to-day proceeding in CP No.152 of 2025 before the Court of learned Judge, Family Court, Deogarh.

Learned Counsel for the Opposite Party-wife admits that her client is at presently serving as a Sub-Inspector of Police at Rairangpur Police Station.

Learned Counsel for the Opposite Party-wife submits, as per the instruction received, her client has no objection to the prayer made by the Petitioner-husband for transfer of proceeding in CP No.152 of 2025 to Deogarh.

In view of the submissions made by the learned Counsel for the Petitioner-husband, pleadings on record, the concession made by the learned Counsel for the Opposite Party-wife and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition.

Accordingly, the learned Judge, Family Court, Baripada is directed to transmit the case record in CP No.152 of 2025 to the Court of learned Judge, Family Court, Deogarh at the earliest, preferably within a period of seven days from the date of production of certified copy of this Judgment.

On receiving the case record in CP No.152 of 2025 from the learned Judge, Family Court, Baripada, the Court of learned Judge, Family Court, Deogarh shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest, preferably by end of March, 2027.

Since the Petitioner-husband is a person with disability and the Opposite Party-wife is presently serving as a Sub-Inspector of Police, and at present posted at Rairangpur, both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Deogarh through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court. The learned Judge, Family Court, Deogarh is requested to explore the facility of video conferencing available in the said Court and allow the parties to appear through video conferencing mode, following the guidelines prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020. However, on the dates of effective hearing, i.e., for examination and cross-examination of witnesses and other purposes, including conciliation, for which their presence may be required by the Court and if it is so ordered, the parties so also their witnesses, if any, shall remain physically present before the learned Judge, Family Court, Deogarh.

To avoid delay and notice, both the parties are directed to make a query themselves or through their Counsel from the Court of learned Judge, Family Court, Deogarh to ascertain the date and purpose of posting of CP No.152 of 2025 and participate in the said proceeding.

Both the parties are further directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Deogarh for early disposal of CP No.152 of 2025, as directed above.

With the said observation and direction, the transfer petition stands allowed and disposed of.

Office is directed to communicate a copy of this Judgment to the Court of learned Judge, Family Court, Baripada so also the Court of learned Judge, Family Court, Deogarh enabling the said Courts to act in terms of the observations made above.

Interim order dated 18.09.2025 passed in IA No.338 of 2025 stands vacated.

Urgent certified copy of this Judgment be granted on proper application as per rules.