Tangudu Sandeep vs Tangudu Chaitanya .... Opposite Party
2025 Latest Caselaw 7248 Ori

Orissa High Court

Tangudu Sandeep vs Tangudu Chaitanya .... Opposite Party on 17 April, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   TRP(C) No.142 & 120 of 2024 &
                     TRP (CRL.) No.48 of 2024
        Tangudu Sandeep                  ....                     Petitioner
                                                      Mr. A.P. Bose, Advocate
                                      -versus-

        Tangudu Chaitanya                ....               Opposite Party
                                                        Mr. P.K. Mishra, Adv.


                              CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                        ORDER

Order No.                             17.04.2025
      10. 1.     This   matter   is    taken     up   through    Hybrid

Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. All these Transfer Petitions have been filed by the Petitioner seeking transfer of the proceedings so filed by the Opposite Party as well as by the Petitioner to the Court of learned Judge, Family Court, Rayagada.

4. Since the parties in all the aforesaid three Transfer Petitions are same and prayer has been made by the Petitioners for transfer of the proceedings to the Court of learned Family Judge, Rayagada, on the consent of the learned counsels appearing for the Parties all the three matters were heard analogously and disposed of by the present common order.

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5. TRP(C) No.142 of 2024 has been filed by the Petitioner-Husband seeking transfer of MAT Case No.14 of 2022 from the Court of learned Civil Judge, (Senior Division), Gunupur to the Court of learned Judge Family Court, Rayagada. MAT Case No.14 of 2022 is filed by the Opposite Party-Wife under Section-9 of the Hindu Marriage Act.

6. TRP(C) No.120 of 2024 has been filed by the Petitioner-Husband seeking transfer of the proceeding in FCOP No.1148 of 2022 so filed by him from the Court of learned Civil Judge, (Senior Division), Gunupur to the Court of learned Family Judge at Raygada.

7. Similarly, TRP(C) No.48 of 2024 has been filed by the Petitioner-Husband seeking transfer of M.C. No.83/2023 so filed by the Opp. Party from the Court of learned SDJM, Gunupur to the Court of learned Judge, Family Court, Rayagada.

8. It is the main contention of the learned counsel appearing for the Petitioner that the Petitioner when filed an application seeking a divorce from the Opposite Party- Wife before the learned Family Judge at Visakhapatnam so registered as FCOP No.1148 of 2022, Opposite Party- wife seeking transfer of the proceeding to the appropriate Court at Gunupur, approached the Hon'ble Apex Court by filing TRP(Civil) No.2573 of 2023.

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8.1. It is contended that vide order dtd.12.12.2023, Hon'ble Apex Court directed for transfer of the proceeding in FCOP No.1341 of 2022 from the Court of learned Family Judge-cum-V Addl. District Judge, Visakhapatnam, Andhra Pradesh to the Court of learned Presiding Officer, Family, Court, Gunupur.

8.2. It is contended that since no Family Court is functioning at Gunupur, Petitioner seeking modification of the order dtd.12.12.2023 moved the Hon'ble Apex Court by filing M.C. No.205 of 2024.

8.3. It is contended that vide order dtd.02.02.2024, Hon'ble Apex Court while not inclined to entertain the application keep it open for the present Petitioner to move the High Court by way of the petition/application for consolidation of the matters.

8.4. It is contended that since no Family Court is available at Gunupur and the nearest Family Court available is at Rayagada, which is about 45 k.ms. from Gunupur, if all the proceedings filed by the parties hereto will be transferred to the Court of learned Judge, Family Court, Rayagada, the matters can be decided by the said Court.

8.5. It is also contended that by virtue of the order passed by the Hon'ble Apex Court on 12.12.2023, though the proceeding was transferred to Gunupur, but because

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of non-availability of any Family Court at Gunupur, the matter in FCOP No.1148/2022 in the meantime has been re-transferred to the Court of learned Family Judge-cum- V Addl. District Judge, Visakhapatnam.

8.6. Learned counsel appearing for the Petitioner contended that taking into account the nature of order passed by the Hon'ble Apex Court on 02.02.2024 in M.C. No.205 of 2024 arising out of Transfer Petition (Civil) No.2573 of 2023, all the three matters be transferred to the Court of learned Judge, Family Court at Rayagada.

8.7. It is also contended that the Petitioner is ready and willing to bear all the expenses as will be fixed and determined by the learned Judge, Family Court, Rayagada for appearance of the Opp. Party-wife on each and every date to which the cases will be posted.

8.8. It is also contended that all three proceedings be targeted, so that neither of the parties will face any difficulties.

9. Mr. P.K. Mishra, learned counsel appearing for the Opposite Party/Wife in all three aforesaid transfer petitions on the other hand contended that taking into account the nature of order passed by the Hon'ble Apex Court on 12.12.2023 in Transfer Petition No.2573 of 2023, the matter has to be heard by a competent Court at Gunupur along with the other two matters, which are

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admittedly pending before the competent Court at Gunupur.

9.1. It is also contended that during pendency of all the three proceedings, the proceeding in MC No.48/2023 has since been disposed of by the learned SDDM, Gunupur vide order dtd.03.03.2025, the transfer petition filed in TRP(Crl.) No.48 of 2024 has become infructuous.

9.2. It is contended that since one of the proceeding in MC No.83/2023 has been disposed of in the meantime vide order dtd.03.03.2025, the other two proceedings be considered and disposed of by the competent Court at Gunupur, in terms of the order passed by the Apex Court in TRP(Civil) No.2573 of 2023.

10. To the submissions made by the learned counsel appearing for the Opposite Party, learned counsel appearing for the Petitioner contended that even though the proceeding in M.C. No.83/2023 has been disposed of vide judgment dtd.03.03.2025 and pursuant to the order passed by this Court a sum of Rs.1,50,000/- has been deposited by way of a demand draft drawn in favour of the Opposite Party, which has been taken by Opposite Party in the meantime, the record of the disposed of MC No.83/2023 be also transferred to the Court of learned Judge, Family Court, Rayagada for consideration of any

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application to be filed by the Opposite Party-wife for execution of order dtd.03.03.2025.

10.1. It is also contended that since Family Judge, Rayagada is competent to dispose of FCOP Case No.1148 of 2022 so filed by the Petitioner under Section-13 of the Hindi Marriage Act and so also MAT Case No.14/2022 so filed by Opposite Party/Wife under Section-9 of the Hindi Marriage Act, all the matters be transferred to the Curt of learned Family Judge at Rayagada. It is also contended that pendency of the matters before learned Judge Family Court, Rayagada is very less in comparison to the pendency of cases before the learned Sr. Civil Judge, Gunupur.

10.2. A further submission was also made that even though FCOP No.1148 of 2022 has been filed by the Petitioner/husband, but no written statement has been filed by the Opposite Party-wife in the said proceeding as on date. It is however contended that Petitioner has already filed his written statement in MAT Case No.14/2022.

11. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that all the three transfer applications have been filed by the Petitioner -husband seeking transfer of FCOP No.1148/2022 from the Court of learned Civil Judge,

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Gunupur, to the Court of learned Judge, Family Court, Rayagada, MAT Case No.14/2022 from the Court of learned Civil Judge, Gunupur to the Court of learned Judge, Family Court, Rayagada and M.C No.83/2023 from the Court of learned SDJM, Gunupur to the Court of learned Judge, Family Court, Rayagada.

11.1. It is found that Hon'ble Apex Court vide order dtd.12.12.2023 while allowing transfer petition filed by the Opp.Party directed for transfer of FCOP Case No.83 of 2023, from the Court of learned Family Judge-cum- V Addl. District Judge, Visakhapatnam to the Court of learned Presiding Officer, Family Court, Gunupur. But vide order dtd.02.02.2024, liberty was granted to the present Petitioner to move this Court for consolidation of the applications.

11.2. In view of the nature of order passed by the Hon'ble Apex Court on 02.02.2024, the fact that distance between Gunupur and Rayagada will be around 45 K.ms with pendency of very few matters in the Court of Judge, Family Court at Rayagada, and submission that Petitioner is ready and willing to bear all the expenses of the Opposite Party for her appearance at Rayagada, this Court is inclined to direct for transfer of FCOP Case No.83 of 2023 from the Court of learned Senior Civil Judge, Gunupur, to the Court of learned Judge, Family Court, Rayagada, MAT Case No.14/2022 from the Court of

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learned Senior Civil Judge, Gunupur to the Court of learned Judge, Family Court, Rayagada. This Court also directs for transfer of MC No.83/23 from the Court of learned SDJM, Gunupur to the Court of learned Family Court, Rayagada. Learned Senior Civil Judge, Gunupur is also directed to call for the records of FCOP No.83/2023 from the Court of Family Judge-cum-V ADJ, Vishakapatnam, if as contended the record in the meantime has been sent back.

11.3. Since no written statement has been filed by the Opposite Party-Wife in FCOP No.1148 of 2022, this Court directs the Opposite Party to file her written statement by the end of May, 2025. Learned Family Judge, Rayagada is directed to dispose of FCOP No.1148 of 2022 and MAT Case No.14 of 2022 as expeditiously as possible preferably by end of this year.

11.4. Learned Family Judge, Rayagada is also directed to assess the cost to be paid by the Petitioner for appearance of the Opposite Party in each and every date to which the matter will be fixed. Learned Family Judge is also directed to fix a particular date as far as practicable to take up both the matters in FCOP No.1148 of 2022 & MAT Case No.14 of 2022. Both the parties are directed to co-operate for disposal of FCOP No.1148 of 2022 and MAT Case No.14 of 2022 within the aforesaid time period. If any application will be filed in the

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disposed of Misc. Case No.83 of 2023, the same shall also be considered and disposed of in accordance with law.

12. With the aforesaid observations and directions, all the Transfer Petitions stand disposed of.

13. Photocopy of the order be placed in the connected case records.

(Biraja Prasanna Satapathy) Judge

Subrat

Location: HIGH COURT OF ORISSA, CUTTACK