Sonali Pattnaik vs Santosh Kumar Das .... Opposite Party
2024 Latest Caselaw 16803 Ori

Orissa High Court

Sonali Pattnaik vs Santosh Kumar Das .... Opposite Party on 19 November, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                               TRP(C) No.133 of 2024

                 Sonali Pattnaik                       ....            Petitioner

                                      Mr. S.K. Padhy, Adv.

                                            -versus-
                 Santosh Kumar Das                     ....     Opposite Party

                                      Mrs. U. Padhi, ASC

                  CORAM: JUSTICE SANJAY KUMAR MISHRA

                                        ORDER

19.11.2024 TRP(C) No.133 of 2024 & I.A. No.126 of 2024 Order No.

06. This matter is taken up through hybrid mode.

2. Learned Counsel for the Petitioner so also learned Counsel for the State are present.

3. Pursuant to order dated 10.07.2024, as per the instruction received by the learned Counsel for the State, appropriate order was passed on 14.08.2024. Paragraph Nos.2 to 4 of the said order, being relevant, are extracted below:

"2. Learned State counsel has obtained written instructions from the I.I.C. Nuapada P.S. as well as Tusura P.S. Both of whom have stated on verification that the Opposite Party does not reside in the address mentioned in the transfer application.

3. Learned counsel for the Petitioner, however, submits that the Opposite Party has stated his address as mentioned in the transfer application in his application filed before the Court below.

4. In such view of the matter, let notice be served

through the Court process, requisites for which shall be filed within three working days. The Court below is directed to ensure that notice is duly served on the Opposite Party-husband".

4. Thereafter, in terms of order dated 18.09.2024, again notice was issued to the Opposite Party by Registered Post with A.D. As per the tracking report available on record, the postal article has returned unserved. However, the said tracking report indicates that on 16.10.2024, the postal article was returned with a noting "addressee left without instructions". As the notice was sent in the address furnished by the Opposite Party before the Court below in Matrimonial Case No.32 of 2024, it seems that he is intentionally avoiding to receive notice of this Court. However, in view of noting available in the tracking report on record so also in view of the judgment of the Supreme Court reported in AIR 1989 SC 630 (M/s. Madan & Co. Vs. Wazir Jaivir Chand), notice on the Opposite Party is deemed to be sufficient.

5. Accordingly, the matter is taken up for hearing and final disposal.

6. Heard learned Counsel for the Petitioner.

7. This Transfer Petition has been filed by the Petitioner, who is the wife of Opposite Party, for transfer of Matrimonial Case No.32 of 2024, pending in the Court of Civil Judge (Senior Division), Nuapada, to the Court of Judge, Family Court, Boudh for trial.

8. In view of the reasons detailed in the Transfer Petition, the said prayer stands allowed. The transfer petition is disposed of directing the Civil Judge (Senior Division), Nuapada to transmit the case record in

Matrimonial Case No.32 of 2024 to the Court of Judge, Family Court, Boudh, at the earliest, preferably within a week from the date of production of the certified copy of this order.

9. On receiving the case record in Matrimonial Case No.32 of 2024 from the Civil Judge (Senior Division), Nuapada, the Judge, Family Court, Boudh shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties.

10. It is made clear that both the parties will be at liberty to appear before the Judge, Family Court, Boudh 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 purpose, if any, if so required by the Court, the parties with their witnesses shall remain physically present before the Judge, Family Court, Boudh.

11. Office is directed to communicate a copy of this order to the Civil Judge (Senior Division), Nuapada, so also the Judge, Family Court, Boudh enabling the said Courts to act in terms of the observation made above.

12. Urgent certified copy of this order be granted on proper application as per rules.

(S.K. Mishra) Kanhu Judge

Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 20-Nov-2024 18:13:14