Rubi Sethi vs State Of Odisha & Another .... Opposite ...
2025 Latest Caselaw 1008 Ori

Orissa High Court

Rubi Sethi vs State Of Odisha & Another .... Opposite ... on 8 July, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              TRP(C) No.416 of 2022

                 Rubi Sethi                       ....           Petitioner

                                         Mr. Bikash Karna, Proxy Counsel


                                      -versus-
                 State of Odisha & another        ....   Opposite Parties

                                                       Mrs. U. Padhi, ASC

                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                       ORDER

08.07.2025 Order No.

06. This matter is taken up through hybrid mode.

2. Mr. Bikash Karna, learned Proxy Counsel, on behalf of Mr. J. K. Panda, learned Counsel for the Petitioner is present.

3. Pursuant to order dated 26.06.2025, the Judge, Family Court, Jeypore has submitted a report vide letter No.276 dated 04.07.2025, indicating therein that CP No.15 of 2022 is still pending in the Court of Judge, Family Court, Jeypore. The case was last posted on 07.07.2025 awaiting further direction from this Court.

4. It is ascertained from the record that notice was issued to the Opposite Party No.2 in the address furnished by him in CP No.15 of 2022. However, the said notice has returned unserved from the Opposite Party No.2 with postal endorsement "Incorrect address and addressee cannot be located".

5. As it is further ascertained from the record, the interim order of dated 28.11.2022 passed in I.A. No.464 of 2022 was also communicated to the Judge, Family Court, Jeypore vide Memo No.24892 dated 19.12.2022 for information and necessary action. The present Opposite Party No.2, being the Petitioner in the said case, it can be well presumed that he is well aware about the pendency of the present transfer petition and intentionally avoiding to receive the notice and appear in this case.

6. Hence, in view of the 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), this Court is of the view that no fresh notice need be issued to the Opposite Party No.2- husband and notice on the said Opposite Party is held to be sufficient.

7. However, to give further opportunity to the Opposite Party No.2, the Office is directed to communicate a copy of this order to the Court below, who shall do well to communicate the same to the Opposite Party No-2 in person or his Counsel, who represents him in CP No.15 of 2022.

8. The matter be listed in the week commencing from 11th August, 2025.

9. It is made clear that, if the Opposite Party No.2 goes unrepresented on the adjourned date, the transfer petition

shall be heard and disposed of in absence of the Opposite Party No.2-husband in accordance with law.

10. Interim order passed earlier shall continue till the next date.

(S. K. MISHRA) JUDGE Mona

Location: High Court of Orissa, Cuttack