Shruti Pattanayak vs Subhransu Kumar Mohanty

S.K. Mishra, J.

The present transfer petition has been preferred by the Petitioner-wife under Section 24 of the Code of Civil Procedure, for transfer of the proceeding in C.P. No.94 of 2023, pending in the Court of learned Judge, Family Court, Khurda, to the Court of learned Judge, Family Court, Cuttack on the grounds detailed in the transfer petition.

Though the matter is pending since 2023, no written objection has been filed by the Opposite Party-husband opposing to such prayer for transfer.

As the matter is pending since 2023 and proceeding in C.P No.94 of 2023 could not proceed further because of the interlocutory orders passed by this Court from time to time permitting the Petitioner to seek for an adjournment, on consent of the learned counsel for the parties, permitting the learned Counsel for the Opposite Party-husband to have his oral objection to the transfer petition, if any, the matter is taken up for hearing and disposal at the stage of admission,

Learned Counsel for the Petitioner submits, in view of the grounds urged in the transfer petition so also settled position of law that while considering application for transfer of matrimonial proceedings, convenience of wife must be looked at, direction be given to the learned Judge, Family Court, Khordha for transfer of C.P. Case No.94 of 2023 to the Court of learned Judge, Family Court, Cuttack.

On being asked, Mr. Panda, learned Counsel for the Opposite Party-husband, who appears through Virtual Court, Mayurbhanj at Baripada submits, as per the instruction received, his client has no objection to the prayer made in the transfer petition. However, he submits that since his client is at present posted at Bengaluru, he be permitted to appear through virtual mode, if he faces any difficulty on any date to remain physically present before the Court of learned Judge, Family Court, Cuttack.

In view of the submissions made by the learned Counsel for the Petitioner, stand taken in the transfer petition, settled position of law 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, Khordha is directed to transmit the case record in C.P. No.94 of 2023 to the Court of learned Judge, Family Court, Cuttack 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.94 of 2023 from the Court of learned Judge, Family Court, Khordha, the Court of learned Judge, Family Court, Cuttack 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 January, 2027.

It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Cuttack 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, Cuttack 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, Cuttack.

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, Cuttack to ascertain the date and purpose of posting of C.P. No.94 of 2023 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, Cuttack for early disposal of C.P. No.94 of 2023, 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, Khordha so also the Court of learned Judge, Family Court, Cuttack 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.