Reeta Satapathy vs Basanta Kumar Satapathy

S.K. Mishra, J.

Pursuant to the order dated 29.07.2026, a report has been received from the learned Judge, Family Court, Bhubaneswar in a sealed cover and produced before this Court, which shall form part of the Court’s record. After opening the said sealed cover, it is found from the said report that, apart from furnishing the status of the Execution Proceeding, as directed, the learned Judge, Family Court, Bhubaneswar has reported as follows:

At this stage, learned Counsel for the Petitioner files certified copy of orders dated 28.07.2026 and dated 14.08.2026 (wrongly typed as 13.08.2026), along with petitions filed by her in CP No.372 of 2024, all dated 14.08.2026, so also certified copy of depositions of PW 1 in the Court. The same are taken on record.

It is revealed from the order dated 28.07.2026 that the Respondent, the present Petitioner, was present on 28.07.2026 and filed Hazira. That apart, a petition for time was filed by the learned Counsel for the Respondent praying for time. But it has been stated in the said order dated 28.07.2026 that no one was present at the time and hearing. Hence, said petition stood rejected and cross examination of PW 1 on recall was declined, observing that no one was present on behalf of the Respondent to cross-examine P.W.1, who was allegedly present in the witness box on 28.07.2026. Accordingly, the evidence on behalf of the Petitioner was closed and the matter was posted to 14.08.2026 for evidence on behalf of the Respondent.

It is further revealed from the said certified copy that, on 14.08.2026, though it was initially recorded that the Respondent was absent, subsequently, it has been recorded that Respondent filed Hazira. There is also a mention regarding filing of three petitions by the Respondent (present Petitioner)

It is further revealed from the said order that now the matter stands posted to 23^rd September, 2026 for evidence from the side of the Respondent.

Learned Counsel for the Petitioner submits, the matter should have been posted to 23^rd September, 2026 for objection and hearing on all the petitions. That apart, as a recall petition was filed under Order XVIII Rule 17 of the Code of Civil Procedure for recall of PW 1 for further cross-examination, before disposal of the said Petition, the matter should not have been posted to 23^rd September, 2026 for evidence from side of the Respondent.

Learned Counsel for the Petitioner further submits, on 28.07.2026, the Respondent was very much present in the Court and filed Hazira, which has been reflected in the order dated 28.07.2026. Though on 28.07.2026, an application was moved bearing the signature of the Advocate, which was collected by the present Petitioner and filed before the Court below along with a Hazira, indicating therein that the conducting Senior Counsel is ailing, as he fell down on 26.07.2026 and sustained injury in his leg and is unable to walk and undergoing treatment, but the learned Court below rejected the said petition on the plea that no one was present at the time of hearing, though the Petitioner was very much present in the Court after filing Hazira.

Further, though, after filing three applications on 14.08.2026, the matter should have been posted to 23.09.2026 for objections and hearing on the said petitions, the learned Court below has posted C.P. No.372 of 2024 to 23.09.2026 for adducing evidence from the Respondent.

Learned Counsel for the Petitioner further submits, though the learned Court is accommodating the Petitioner’s husband and allowing his petition promptly without inviting objections, but, illegally rejected the Respondent’s time petition on the ground that no one was present during hearing, though the learned Court could have allowed the time petition, which was very much on record with the Hazira filed by her.

Accordingly, learned Counsel for the Petitioner prays to transfer the proceeding in CP No.372 of 2024 to the Court of learned Judge, Family Court-II, Bhubaneswar, pointing out those discrepancies in the order sheet, so also conduct of the learned Court below, for which the Petitioner is allegedly under bona fide impression that she may not get justice from the said Court.

That apart, to substantiate the stand of illness of the conducting learned Senior Counsel, which forced the Petitioner to move time petition dated 28.07.2026, medical documents dated 28.07.2026 and 29.07.2026 have been produced before this Court along with the certified copies, detailed above, which be kept on record.

In the above circumstances, this Court is of the view that the matter needs consideration. Since the prayer is to transfer the proceeding from the Court of learned Judge, Family Court-I, Bhubaneswar to the Court of learned Judge, Family Court-II, Bhubaneswar, which is located in the same premises, this Court feels that, to avoid delay, the matter can be disposed of at the stage of admission, without noticing the Opposite Party.

In view of the submissions made by the learned Counsel for the Petitioner, pleadings made in the transfer petition and materials on record, 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.372 of 2024 to the Court of learned Judge, Family Court-II, Bhubaneswar 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.372 of 2024 from the Court of learned Judge, Family Court-I, Bhubaneswar, the Court of learned Judge, Family Court-II, Bhubaneswar shall re-register the said case, if so required, and shall do well to dispose of all the pending applications giving due opportunity to both the parties, before proceed further in C.P. No.372 of 2024 on merit. Learned Judge, Family Court-II, Bhubaneswar shall do well to conclude the said proceeding at the earliest.

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-II, Bhubaneswar to ascertain the date and purpose of posting of C.P. No.372 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-II, Bhubaneswar for early disposal of C.P. No.372 of 2024, as directed above.

With the aforesaid 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-II, Bhubaneswar enabling the said Courts to act in terms of the observations made above.

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