Orissa High Court
Namita Mohananda vs Tripati Mohananda .... Opposite Party on 3 February, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.148 of 2017
Namita Mohananda .... Petitioner
Mr. Dibya Jyoti Sahoo, Advocate
-versus-
Tripati Mohananda .... Opposite Party
None
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
06. 03.02.2025
This matter is taken up through Hybrid Mode.
2. This Transfer Petition (Civil) has been filed by the
Petitioner-wife seeking transfer of Civil Proceeding No.106 of 2015
filed under Section 13(1) of the Hindu Marriage Act, 1955 read
with Section 7 of the Family Courts Act, 1984 at the instance of the
Opposite Party-husband in the Court of the Judge, Family Court,
Jajpur, to the Court of the Judge, Family Court, Bhubaneswar,
where the petitioner-wife has filed Civil Proceeding No.222 of 2013
under Section 18 of the Hindu Adoption and Maintenance Act.
3. Mr. Dibya Jyoti Sahoo, learned counsel appearing for the
petitioner-wife, on instruction, submitted that both the aforesaid
cases are now pending in the respective Courts. He further
submitted that the petitioner-wife is now residing at Nayapalli,
Bhubaneswar in the district of Khurda. He also submitted that if
C.P. No.106 of 2015 pending in the Court of the Judge, Family
Court, Jajpur continues there, the petitioner-wife would face
difficulty in appearing on each date of posting of the said case.
4. None appeared for the opposite party-husband despite
opportunities granted on earlier occasions.
5. This Court vide order dated 11.12.2024 passed the following
order:-
"This matter is taken up through hybrid mode.
2. As per the office note, though notice was issued to the Opposite
Party by Speed Post with A.D., fixing the date of appearance to
14.07.2017, the same has returned unserved with a noting "Addressee
Left".
3. Learned Counsel for the Petitioner submits, the stay order passed
by this Court was produced in C.P. No.106 of 2015, in which the
Opposite Party is the Petitioner. Though he is well aware about
pendency of this transfer petition, is intentionally avoiding to receive
notice and appear in this case.
4. In view of such submission made and office note, so also Judgments
of the Supreme Court reported in AIR 1989 SC 630 (M/s. Madan &
Co. Vs. Wazir Jaivir Chand), in (1999) 7 SCC 510 (K. Bhaskaran Vs.
Sankaran Vaidhyan Balan & anr.), in (2006) 6 SCC 456 (D. Vinod
Shivappa Vs. Nanda Belliappa), in (2007) 6 SCC 555 (C.C. Alivi Haji
Vs. Palapetty Muhammed & anr.) and in (2014) 12 SCC 685 (Ajeet
Seeds Limited Vs. K. Gopal Krishnaiah), notice on the Opposite Party
is held to be sufficient.
5. A query being made as to the present status of C.P. No.106 of 2015,
learned Counsel for the Petitioner prays for a short adjournment to
take instruction in the said regard.
6. The matter be listed in the week commencing from 23rd December,
2024.
7. Interim order passed earlier shall continue till the next date, subject
to pendency of C.P. No.106 of 2015 before the Judge, Family Court,
Jajpur."
6. Perused the record.
7. Considering the submissions advanced by Mr. Dibya Jyoti
Sahoo, learned counsel appearing for the petitioner-wife, looking to
the age of the petitioner-wife and also taking into account the
difficulty that would be faced by her in attending on each date of
posting of C.P. No.106 of 2015 stated to be pending in the Court the
Judge, Family Court, Jajpur, interest of justice would be best served
if C.P. No.106 of 2015 is transferred to the Court of the Judge,
Family Court, Bhubaneswar, where C.P. No.222 of 2013 filed at the
instance of the petitioner-wife is stated to be pending, for disposal
in accordance with law.
8. Accordingly, C.P. No.106 of 2015 pending in the Court of
the Judge, Family Court, Jajpur is transferred to the Court of the
Judge, Family Court, Bhubaneswar for disposal in accordance with
law. Since the Civil Proceeding is pending since 2015, the learned
Judge, Family Court on receipt of record of C.P. No.106 of 2015
shall take effective steps to conclude the said proceeding as
expeditiously as possible preferably within a period of six months
hence, if there is no other legal impediment.
9. Both the learned Judge, Family Court, Jajpur and learned
Judge, Family Court, Bhubaneswar are directed to act upon the
communication of this order or on production of certified copy of this
order before them, whichever is earlier.
10. With the aforesaid order, this TRP(C) stands disposed of being
allowed.
11. Registry is instructed to communicate this order to the Courts
of the Judge, Family Court, Jajpur as well as the Judge, Family Court,
Bhubaneswar forthwith.
Signature Not
Verified
Digitally Signed
Signed by: MANORANJAN
SAMAL (M.S. Raman)
Designation: PERSONAL
ASSISTANT
Reason: Authentication
Judge
Location: MRS
Orissa High Court,
Cuttack
