AI Structured Summary
Not yet generated for this judgment
Judgment
S.K. Mishra, J.
This transfer petition has been preferred by the Petitioner-wife under Section 24 of the C.P.C. for transfer of proceeding in C.P. No.227 of 2024, pending in the Court of learned Judge, Family Court-I, Bhubaneswar, to the Court of learned Judge, Family Court, Sambalpur 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 for the 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 breastfeeding baby, she is staying with her old parents and is dependent on her father for her, as well as her child’s livelihood. That apart, the distance from Sambalpur to Bhubaneswar is around 300 K.Ms. It would be difficult on her part to attend the day to day proceeding with her child before the learned Judge, Family Court-I, Bhubaneswar.
He further submits, the Petitioner-wife initiated 125 proceeding at Sambalpur. On being noticed, the Opposite Party appeared and contested the said case at Sambalpur. Hence, it would not be inconvenient for him to attend the proceeding in C.P. No.227 of 2024, if the same is transferred to Sambalpur.
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, who is at present working under a Builder as a technical person at Khordha, may face difficulty to attend the day to day proceeding at Sambalpur by travelling such a long distance on each and every date by availing leave from his employer. Hence, he be permitted to appear through virtual mode after transfer of proceeding to Sambalpur. That apart, C.P. No.227 of 2024 be targeted.
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-I, Bhubaneswar is directed to transmit the case record in C.P. No.227 of 2024 to the Court of learned Judge, Family Court, Sambalpur 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.227 of 2024 from the Court of learned Judge, Family Court-I, Bhubaneswar, the Court of learned Judge, Family Court, Sambalpur 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 February, 2027.
It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Sambalpur 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, Sambalpur 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, Sambalpur.
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, Sambalpur to ascertain the date and purpose of posting of C.P. No.227 of 2024 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, Sambalpur for early disposal of C.P. No.227 of 2024, 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-I, Bhubaneswar so also the Court of learned Judge, Family Court, Sambalpur enabling the said Courts to act in terms of the observations made above.
Interim order dated 13.08.2024 passed in I.A. No.137 of 2024 stands vacated.
Urgent certified copy of this Judgment be granted on proper application as per rules.