Orissa High Court
Priyatama Das vs Sanjit Kumar Behera …. Opposite Party on 24 December, 2024
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.287 of 2024
Priyatama Das .... Petitioner
Mr. G. Sethi, Adv.
-versus-
Sanjit Kumar Behera .... Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
24.12.2024
Order No.
05. This matter is taken up through hybrid mode.
2. Learned Counsel for the Petitioner is present.
3. As per the office note, the notice sent to the
Opposite Party has returned unserved with a noting
“Door Lock. Hence returned to the sender”. Hence, in
view of the judgments of the Supreme Court reported
in AIR 1989 SC 630 (M/s. Madan & Co. Vs. Wazir
Jaivir Chand), in (1999) 7 SCC 510 (K. Bhaskaran
Vs. Sankaran Vaidhyan Balan & anr.), in (2006) 6
SCC 456 (D. Vinod Shivappa Vs. Nanda
Belliappa), in (2007) 6 SCC 555 (C.C. Alivi Haji Vs.
Palapetty Muhammed & anr.) and in (2014) 12
SCC 685 (Ajeet Seeds Limited Vs. K. Gopal Page
2 of 2 Krishnaiah), notice on the Opposite Party is
held to be sufficient. However, the said Opposite Party
goes unpresented, when the matter is called.
4. Learned Counsel for the Petitioner submits, the
stay order passed by this Court was produced before
the Judge, Family Court, Baripada in C.P. Case No.261
of 2023 in which the present Opposite Party-Husband
is the Petitioner. However, though the present Opposite
Party is well aware about the pendency of the present
Transfer Petition, he is intentionally avoiding to receive
notice and appear in this case.
5. Heard learned Counsel for the Petitioner-wife.
6. This Transfer Petition has been filed by the
Petitioner-wife for transfer of C.P. Case No.261 of 2023
from the Court of Judge, Family Court, Baripada,
Mayurbhanj to the Court of Judge, Family Court,
Balasore on the grounds detailed in the Transfer
Petition.
7. In view of the reasons detailed in the Transfer
Petition so also the settled position of law and the
submission made by the learned Counsel for the
Petitioner-wife, the prayer made in the application is
allowed.
8. The Judge, Family Court, Baripada, Mayurbhanj
is directed to transmit the case record in C.P. Case
No.261 of 2023 to the Court of Judge Family Court,
Balasore, at the earliest, preferably within a period of
one week, from the date of production of certified copy
of this order.
9. On receiving the case record in C.P. Case No.261
of 2023 from the Court of Judge, Family Court,
Baripada, Mayurbhanj, the Court of Judge, Family
Court, Balasore 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.
10. It is made clear that parties will be at liberty to
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appear before the Judge, Family Court, Balasore
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.
However, on the dates of effective hearing i.e. for
examination and cross-examination of witnesses so also
other purposes, if any, for which their presence will be
required by the Court, the parties shall remain
physically present before the Judge, Family Court,
Balasore.
11. To avoid delay, the parties, either in person or
through their Counsels, shall make a query with the
Court of Judge, Family Court, Balasore to ascertain the
date and purpose of posting and participate in the said
proceeding.
12. With the said observation and direction, the
Transfer Petition stands disposed of.
13. Office is directed to communicate a copy of this
order to the Court of Judge, Family Court, Baripada,
Mayurbhanj, so also the Court of Judge, Family Court,
Balasore enabling the said Courts to act in terms of the
observation made above.
14. Urgent certified copy of this order be granted on
proper application as per rules.
(S.K. MISHRA)
Mona
JUDGE
Signature Not Verified
Digitally Signed
Signed by: MONALISA SWAIN
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Odisha
Date: 25-Dec-2024 15:27:15
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