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2019 DAILYLAW 758 (ORI)

RASMITA SAHU v. ALOK KU.SAHU

TRP(C)/195/2019 · 2026-01-06

Sanjay Kumar Mishra

Transfer Petitionbody2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.195 of 2019 Rasmita Sahu …. Petitioner Mr. A.K. Das, Advocate -versus- Alok Kumar Sahu …. Opposite Party None CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 06.01.2026 05. This matter is taken up through hybrid mode. 2. The present transfer petition has been preferred by the Petitioner-wife, who is the Opposite Party-Respondent in C.P. No.248 of 2019, pending in the Court of learned Judge, Family Court, Balasore. 3. A prayer has been made for transfer of proceeding in C.P. No.248 of 2019 from the Court of learned Judge, Family Court, Balasore to the Court of learned Judge, Family Court, Dhenkanal on the grounds detailed in the transfer petition. 4. Despite knowledge regarding pendency of the present transfer petition, the Opposite Party-husband is yet to appear in the present case to oppose the prayer made in the transfer petition. 5. Pursuant to order dated 12.11.2025, the learned Judge, Family Court, Balasore has also submitted a report vide letter No.904 dated 02.12.2025, wherefrom it is revealed that copy of order dated 12.11.2025 was duly served on the learned Counsel, who represents the present Opposite Party in C.P. No.248 of 2019. Still, the Opposite Party goes unrepresented when the matter is called. Hence, as prayed by the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal at the stage of admission in absence of the Opposite Party. 6. Heard learned Counsel for the Petitioner. 7. In view of the reasons detailed in the transfer petition so also the settled position of law, as held in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, reported in 2022 SCC Online SC 1199, the prayer for transfer is allowed. 8. Accordingly, the learned Judge, Family Court, Balasore is directed to transmit the case record in C.P No.248 of 2019 to the Court of learned Judge, Family Court, Dhenkanal 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 No.248 of 2019 from the Court of learned Judge, Family Court, Balasore, the learned Judge, Family Court, Dhenkanal shall re- register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 10. The learned Judge, Family Court, Dhenkanal is requested to explore the facilities of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020, if so prayed by any of the parties . 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 shall remain physically present before the learned Judge, Family Court, Dhenkanal. 11. To avoid delay and notice, the parties are directed to make a query themselves or through their Counsel regarding the date and purpose of posting of C.P No.248 of 2019 and attend the Court of the learned Judge, Family Court, Dhenkanal. 12. Both the parties are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Dhenkanal, who shall do well to conclude the proceeding in C.P. No.248 of 2019 at the earliest, preferably within a period of six months from the date of receipt of record from the Court of learned Judge, Family Court, Balasore. 13. With the said observation and direction, the transfer petition stands disposed of. 14. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Balasore so also the learned Judge, Family Court, Dhenkanal for compliance. 15. Urgent certified copy of this order be granted on proper application as per rules. Kanhu (S.K. Mishra) Judge Designation: Junior Stenographer Location: High Court of Orissa, Cuttack. Date: 07-Jan-2026 16:10:26