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Judgment
S.K. Mishra, J.
This transfer petition has been preferred by the Petitioner-wife for transfer of proceeding in C.P. No.105 of 2025, pending in the Court of learned Judge, Family Court, Baripada, to the Court of learned Judge, Family Court, Balasore on the grounds detailed therein.
Though the Opposite Party-Husband, being noticed, has appeared in the present case, till date no written objection has been filed opposing to such prayer for transfer. However, on consent of the learned Counsel for the parties, the matter is taken up for hearing and disposal at the stage of admission permitting the learned Counsel Opposite Party-Husband to have his oral objection to the prayer made in the transfer petition.
Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner-wife is a deserted lady. After her desertion, having no income and having a minor child of seven years old, she is staying with her old parents and is depending on her father for her, as well as her child’s livelihood. That apart, for other reasons also, as detailed in the application for transfer, it is a fit case for transfer of proceeding in C.P. No.105 of 2025 from Family Court, Baripada to Family Court, Balasore.
Pursuant to order dated 13.01.2026 passed by the coordinate Bench in this case, on being asked, learned Counsel for the Opposite Party-Husband submits, as per the instruction received, he has no objection to such prayer for transfer. However, the Opposite Party-Husband, being a business man and placed at Baripada, may face difficulty to attend the day to day proceeding at Balasore, which may affect his business at Baripada. Accordingly, he prays for permitting his client to appear through virtual mode. Further, he prays to target the proceeding in C.P. No.105 of 2025, after it is being transferred to Balasore.
In view of the submissions made by the learned Counsel for the Petitioner, grounds urged in the transfer petition and the concession made by the learned Counsel for the Opposite Party-husband, 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 C.P. No.105 of 2025 to the Court of learned Judge, Family Court, Balasore 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 C.P. No.105 of 2025 from the Court of learned Judge, Family Court, Baripada, the Court of learned Judge, Family Court, Balasore 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.
It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Balasore 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, Balasore 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, 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, Balasore.
As pleaded in the Transfer Petition, since Guardian Misc. Case No.15 of 2022, so also Execution Misc. Case No.109 of 2025, at the instance of the Petitioner wife, are also pending before the same Court ,i.e., the Court of learned Judge, Family Court, Balasore, the learned Court, after receiving the case records in C.P. No.105 of 2025, shall do well to post all the three cases to a single date and shall proceed simultaneously, which would definitely be convenient and helpful for both the parties to attend all the three proceeding on a single day, instead of frequently attending three cases on different dates before the same Court.
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, Balasore to ascertain the date and purpose of posting of C.P. No.105 of 2025 and participate in the said proceeding.
Both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Balasore for early disposal of C.P. No.105 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, Balasore enabling the said Courts to act in terms of the observations made above.
Interim order dated 07.08.2025 passed in I.A. No.267 of 2025 stands vacated.
Urgent certified copy of this Judgment be granted on proper application as per rules.
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