Orissa High Court
Dr. Monali Madhusmita vs Dr. Bikram Keshari Rout ... Opposite ... on 4 October, 2023
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No. 133 of 2023
Dr. Monali Madhusmita ... Petitioner
Mr. S. Das, Advocate
-versus-
Dr. Bikram Keshari Rout ... Opposite Party
Mr. D.P. Dhal, Sr. Advocate
TRP(C) No. 105 of 2023
Dr. Monali Madhusmita ... Petitioner
Mr. S. Das, Advocate
-versus-
Dr. Bikram Keshari Rout ... Opposite Party
Mr. D.P. Dhal, Sr. Advocate
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
04.10.2023 Order No.
04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Since these two transfer applications are between the same parties, the same are heard together and disposed of by this common order with consent of learned counsels for the parties.
3. These two transfer applications by the Petitioner seek for transfer of the proceeding in C.P. Nos. 313 of 2022 and C.P. No. 357 of 2022 pending before the learned Judge, Family Court, Kendrapara U/Ss. 9 and 13 of the Hindu Marriage Act, 1955 Page 1 of 3 respectively. It is clarified here that C.P. No. 313 of 2022 has been filed by the Petitioner-wife against the O.P-husband, whereas C.P. No. 357 of 2022 has been filed by the O.P-husband against the Petitioner-wife.
4. Heard, the learned counsel for the parties. It is agreed by the learned counsel for the parties that since both the proceedings now stand posted for hearing, if the affidavit-evidence of petitioner is filed in advance, the learned Judge, Family Court would fix a date for her cross-examination and the same shall be availed of by both the parties and the learned Judge, Family Court, Kendrapara would, accordingly, be directed to allow the completion of cross-examination of the Petitioner on the said date as fixed for it and, thereafter, the evidence of other witness would be led by the parties as well as the petitioner would take part in the proceeding by availing virtual Court facility.
5. In such view of the matter and undisputed submissions, this Court disposes of both the transfer applications by requesting the learned Judge, Family Court, Kendrapra to allow and complete the cross- examination of the Petitioner in both the cases in one day, which shall be fixed on any day after closure of evidence by the petitioner-husband in C.P. No. 357 of 2022, but the Petitioner has to file her affidavit- evidence before the date fixed for her tendering evidence after serving a copy thereof in advance on learned counsel appearing for O.P. in C.P. No. 313 of 2022 and for the petitioner in C.P. No. 357 of 2022. The Petitioner may also file her affidavit-evidence in the Page 2 of 3 Court in advance before the date fixed for hearing of both the matters. The Petitioner may also avail and participate in the further proceeding in both the matters through VC for remaining dates before or after her cross-examination.
It is, however, clarified that the learned Judge, Family Court, Kendrapara may exercise its discretion to fix up the date for examination and cross-examination of the petitioner-wife by taking into consideration the comparative convenience of the parties, and if required, may adjourn the date for once or twice on genuine grounds, but the prayer for such adjournment shall not be granted after the petitioner-wife is present in person before the Court. The learned Judge, Family Court, Kendrapara is requested to complete the aforesaid exercise within a period of six months of receipt of copy of this order and the parties are directed to cooperate the Court in this regard.
6. Accordingly, both the transfer applications stand disposed of. A copy of this order be communicated to the learned Judge, Family Court, Kendrapara forthwith for compliance.
7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Page 3 of 3 Date: 05-Oct-2023 16:45:23