Orissa High Court
Soumya Goswami vs Soumya Ranjan on 8 August, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.195 of 2025
Soumya Goswami ....... Petitioner
-Versus-
Soumya Ranjan
Goswami ....... Opposite Party
For Petitioner : Mr. P. Mohanty, Advocate
For Opposite Party : Mr. S. K. Nayak, Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 08.08.2025
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S.K. MISHRA, J.
This transfer petition has been filed by the
Petitioner-wife for transfer of proceeding in CP No.119 of
2025, pending in the Court of learned Judge, Family Court,
Bhadrak, to the Court of learned Judge, Family Court,
Bhubaneswar on the grounds detailed in the transfer
petition.
2. Heard learned Counsel for the parties.
3. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner-wife submits, at
present, the Petitioner is serving as Assistant Professor in
Gita Autonomous College, Bhubaneswar in the Department
of Computer Science and she is residing with her parents in
Bhubaneswar. The Petitioner being a lady, is required to
attend her professional duties and travelling repeatedly to
Bhadrak, which is at a considerable distance from
Bhubaneswar, will cause of serious hardship and
inconvenience to her. It has also been stated that the Family
Court, Bhubaneswar has concurrent jurisdiction to try the
divorce case filed by the Opposite Party-husband before the
Judge, Family Court, Bhadrak.
4. To substantiate the prayer made in the transfer
petition, learned Counsel for the Petitioner relies on the
judgment of Supreme Court reported in 2022 SCC onLine
SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik
Sha)
5. Though no written objection has been filed opposing
to such prayer for transfer, per contra, learned Counsel for
the Opposite Party-husband submits, even his client is
serving in a multinational company and at present posted in
Dubai, since all the cause of action arose at Bhadrak, he
had to file application for divorce before the Judge, Family
Court, Bhadrak. Since the Petitioner is earning sufficiently,
she can appear before the learned Judge, Family Court,
Bhadrak. If so required, she can also pray before the Court
to permit her to appear through virtual mode, instead of
praying for transfer of the said proceeding to the Court of
learned Judge, Family Court, Bhubaneswar.
6. However, after hearing the parties, as the Opposite
Party-husband is at present posted in Dubai, in view of the
reasons detailed above and the settled position of law, this
Court is of the view that the prayer made in the transfer
petition deserves consideration. Accordingly, the said prayer
is allowed.
7. The Court of learned Judge, Family Court, Bhadrak
is directed to transmit case record in CP No.119 of 2025 to
the Court of learned Judge, Family Court, Bhubaneswar at
the earliest preferably, within a period of seven days from
the date of production of certified copy of this order.
8. On receiving the case record in CP No.119 of 2025
from the Court of learned Judge, Family Court, Bhadrak,
the Court of learned Judge, Family Court, Bhubaneswar
shall re-register the said case, if so required, and proceed
further in accordance with law giving due opportunity to
both the parties and shall try to conclude the said
proceeding in CP No.119 of 2025 at the earliest.
9. It is made clear that both the parties will be at
liberty to appear before the Court of learned Judge, Family
Court, Bhubaneswar 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. The Court of learned Judge, Family Court,
Bhubaneswar is requested to explore the facility of video
conferencing available in the said Court and allow the
parties to appear through video conferencing following the
guidelines prescribed under the Orissa High Court Video
Conferencing for Courts Rules, 2020. 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 so also their witnesses, if any, shall
remain physically present before the Court of learned Judge,
Family Court, Bhubaneswar.
10. To avoid delay and notice, both the parties, either in
person or through their Counsel, shall make a query with
the Court of learned Judge, Family Court, Bhubaneswar to
ascertain the date and purpose of posting of CP No.119 of
2025 and participate in the said proceeding.
11. Both the parties are directed not to seek for
unnecessary adjournments and cooperate with the learned
Judge, Family Court, Bhubaneswar for early disposal of CP
No.119 of 2025.
12. With the said observation and direction, the
transfer petition stands disposed of.
13. Office is directed to communicate a copy of this
order to the Court of learned Judge, Family Court, Bhadrak
so also the Court of learned Judge, Family Court,
Bhubaneswar enabling the said Courts to act in terms of the
observation made above.
14. Interim order dated 07.07.2025 passed in I.A.
No.212 of 2025 stands vacated.
15. Urgent certified copy of this order be granted on
proper application as per rules.
..........................
S.K. Mishra, J.
Orissa High Court, Cuttack.
Dated,8th August, 2025/ Mona
Location: High Court of Orissa
