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Judgment
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 CP Case No.248 of 2024, pending in the Court of learned Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Cuttack on the grounds detailed in the transfer petition.
Though the matter is pending since 2024, no written objection has been filed till date opposing the prayer for transfer.
Mr. Sourav, learned Counsel for the Opposite Party-husband, appears through virtual mode and submits, knowing about the interim order passed by this Court from the Court below, the Opposite Party has appeared suo motu. The notice is yet to be received from this Court. He further submits, a direction be given to serve a copy of the transfer petition on his associate, who is present in the Court.
Learned Counsel for the Petitioner serves a copy of the transfer petition on Mr. Swastik Sahoo, learned Proxy Counsel, who is physically present in the Court.
However, Mr. Sourav, learned Counsel for the Opposite Party, on being asked by the Court, submits that he has no objection to the prayer made in the transfer petition.
Mr. Sourav further submits, as per the instruction received, the Opposite Party is at present serving somewhere in the State of Jharkhand and it would be difficult on his part to seek for leave and attend the day-to-day proceedings at Cuttack. If he is permitted to appear through virtual mode, it would be helpful for both parties to expedite the disposal of the matrimonial proceeding, which is pending since 2024.
In view of the submissions made by the learned Counsel for the Petitioner, pleadings made 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, Bhubaneswar is directed to transmit the case record in CP Case No.248 of 2024 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.
Since, the proceeding is of the year 2024, the 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 March, 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 CP Case No.248 of 2024 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, Cuttack for early disposal of CP Case No.248 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, Bhubaneswar so also the Court of learned Judge, Family Court, Cuttack enabling the said Courts to act in terms of the observations made above.
Interim order dated 12.08.2024 passed in IA No.214 of 2024 stands vacated.
Urgent certified copy of this Judgment be granted on proper application as per rules.