Namrata Samal vs Sanjit Kumar Pradhan

S.K. Mishra, J.

This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.3 of 2025, pending in the Court of learned Judge, Family Court, Deogarh, to the Court of learned Judge, Family Court, Sambalpur on the grounds detailed in the transfer petition.

Though the matter is pending since February, 2025, no written objection has been filed opposing to the prayer for transfer, despite granting time to file written objection.

However, on consent of 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 to have his 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-Wife submits, being tortured for dowry, the Petitioner-wife lodged an FIR before the Sambalpur Mahila Police Station, which has been registered as Sambalpur Mahila P.S. Case No.68 of 2022. Though she belongs to Deogarh, after leaving the matrimonial house, she came to Sambalpur and is staying with her elder father. She took admission in a computer Institute at Sambalpur namely, Jaya Institute on 16.12.2024, where she was doing PGDCA Course to enable her to get a job after completion of the training to meet to her day to day expenses. If the proceeding is transferred from Deogarh to Sambalpur, the Opposite Party-husband would not be prejudiced, as he has sufficient means to appear before the learned Judge, Family Court, Sambalpur, whereas the Petitioner has no source of income to travel to Deogarh to attend the day to day proceeding before the learned Judge, Family Court, Deogarh on each and every date.

Per contra, learned Counsel for the Opposite Party, drawing attention of this Court to the cause title so also averments made in para 4 of the transfer petition submits, though after marriage both the parties resided at Angola and the Opposite Party belongs to Village Ghantianali, P.S. Kaniha in the district of Angola, he initiated the proceeding under Section 13 (1) of the Hindu Marriage Act, 1955 before the Court of learned Judge, Family Court, Deogarh, as the Petitioner belongs to Deogarh .

He further submits, the Petitioner has admitted that her father belongs to Deogarh and after the death of her father, her widow mother and one unmarried brother are residing at Deogarh. He further submits, money receipt dated 16.12.2024 issued by Jaya Institute, Nayapara, Sambalpur, annexed to the transfer petition was for prosecuting PGDCA course, the tenure of which is one year and must have been over by now.

He further submits, during hearing of the present case on 11.03.2026 before the coordinate Bench, learned Counsel for the Petitioner, without any documentary evidence to substantiate such submission, submitted that the Petitioner has taken admission in MBA Course in Sambalpur University, Sambalpur. Hence, such a stand of pursuing PGDCA course at Sambalpur is no more available to the Petitioner to seek for transfer of the proceeding from Deogarh to Sambalpur. He further submits, even if for the sake of argument it is accepted that at present she is doing her MBA Course in Sambalpur University, Sambalpur, since the Petitioner belongs to Deogarh, pursuing her studies at Sambalpur should not be accepted as a good ground to consider her prayer for transfer of proceeding from Deogarh to Sambalpur.

In the circumstances, after considering the materials on record, submissions made by the learned Counsel for the parties and the settled position of law, this Court is not inclined to allow the prayer made in the transfer petition. However, since the matrimonial proceeding is pending at Deogarh, to which place the Petitioner belongs, but she is allegedly staying and studying at Sambalpur and the Opposite Party belongs to Angola, for convenience of the parties and to expedite the trial in in C.P. Case No.3 of 2025, both the parties may appear through virtual mode before the learned Judge, Family Court, Deogarh in C.P. Case No.3 of 2025.

Accordingly, it is made clear that 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, 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 further 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 C.P. No.3 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, who shall do well to conclude the said proceeding at the earliest, preferably by end of March, 2027.

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

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

Interim order dated 07.03.2025 passed in I.A. No.49 of 2025 stands vacated.

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