Orissa High Court
TRP(C)/230/2020 on 15 February, 2021
Author: Biswanath Rath
Bench: Biswanath Rath
TRP (C) No.230 of 2020
2. 15.02.2021 This matter is taken up through hybrid
arrangement of Virtual / Physical mode.
Heard Mr.A.K. Sahoo, learned counsel for Petitioner
in physical mode and Mr. R.K. Mallick, learned counsel
for the sole Opposite Party through Virtual mode.
This Transfer Petition has been filed by the wife-
Petitioner seeking transfer of the C.P. No.145 of 2020 from
the Court of learned Judge, Family Court, Rourkela to the
Court of learned Judge, Family Court, Kendrapara.
Mr. A.K. Sahoo, learned counsel for the Petitioner
submits that as the Petitioner is an unemployed lady and
dependant on her father while residing with her father at
Kendrapara, it is difficult on her part to bear the travelling
expenses and other related expenditure for attending the
proceeding pending in the Court of the learned Judge,
Family Court, Rourkela. It is further submitted that the
wife-Petitioner has also instituted a criminal proceeding
U/s.125 of the Cr.P.C in the Court of learned Judge,
Family Court, Kendrapara being registered as
Crl.Misc.Case No.177 of 2020 and the husband is yet to
be noticed therein.
It is, at this stage of the matter, Mr. R.K. Mallick,
learned counsel for the sole Opposite Party submitted that
since the husband-Opposite Party has undergone a major
operation in a Corporate Hospital at Bhubaneswar, it is
difficult on his part attend the proceeding at Kendrapara
on every occasion and therefore, a request is made to
permit the husband-Opposite Party to appear in the Court
below on limited occasion. It is also submitted by Mr. R.K.
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Mallick, learned counsel for the sole Opposite Party that
there is every possibility of reunion between the parties
through a conciliation process. This Court observes, in
such event nothing prevents the husband to attempt in
this regard through the Family Court at Kendrapara after
the matter from the Rourkela is transferred to the Family
Court at Kendrapara.
Considering the rival contentions of the parties and
looking to the financial status of the wife, this Court
directs for transfer of the C.P. No.145 of 2020 from the
Court of learned Judge, Family Court, Rourkela to the
Court of learned Judge, Family Court, Kendrapara.
Petitioner is directed to serve a copy of this order on
the learned Judge, Family Court, Rourkela within a period
of ten days hence and on receiving this order, the learned
Judge, Family Court, Rourkela shall transmit the case
records involving C.P. No.145 of 2020 within a period of
one week thereafter, to the Court of learned Judge, Family
Court, Kendrapara for its doing the needful. This Court
also directs, if possible, both the proceedings i.e. C.P.
No.145 of 2020 and Crl.Misc.Case No.177/2020 shall be
tried one after another by learned Judge, Family Court,
Kendrapara. Since the husband-Opposite Party shows his
willingness to take the wife-Petitioner to his custody, the
learned Judge, Family Court, Kendrapara shall first
arrange a conciliation process taking a suitable date from
both the parties after their appearance. In the event the
conciliation process did not materialize, the learned
Judge, Family Court, Kendrapara shall conclude both the
proceeding as expeditiously as possible preferably within a
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period of six months from the date of failure of
conciliation, if any. Since the husband-Opposite Party has
undergone for major operation, he may, on his
application, be permitted to appear only when his
personal attendance is required and on all other day, he
can be represented by his counsel.
This Court here records the undertakings of both
the parties through their respective counsel that they will
co-operate the learned Judge, Family Court, Kendrapara
in timely disposal of the proceedings and will not indulge
in unnecessary adjournments.
With the above observation and direction the
Transfer Petition stands disposed of.
As restrictions due to COVID-19 situation are
continuing, Party(s) may utilize the soft copy of this order
available in the High Court's website or print out thereof
at par with certified copies in the manner prescribed, vide
Court's Notice No.4587, dated 25.03.2020.
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(Biswanath Rath, J.) Ayas