Orissa High Court
Ramani Muduli vs Ranjan Kumar Sha .... Opposite Parties on 10 July, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.107 of 2025
Ramani Muduli .... Petitioner
Mr. S.P. Mohapatra, Advocate
-versus-
Ranjan Kumar Sha .... Opposite Parties
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
10.07.2025
Order No.
02. This matter is taken up through hybrid mode.
2. Pursuant to order dated 23.04.2025, though notice
was issued to the Opposite Party-Husband by Registered
Post with A.D., the same has returned undelivered with a
postal endorsement "Addressee Refused". Hence, notice on
the Opposite Party-Husband is held to be sufficient.
3. Learned Counsel for the Petitioner submits, though
no I.A. has been filed along with the transfer petition, as
per the instruction received, the Civil Proceeding No.38 of
2025 is still pending before the Judge, Family Court,
Keonjhar.
4. He further submits, the Opposite Party-Husband is
intentionally avoiding to appear in this case and the matter
be taken up for hearing and final disposal in absence of the
Opposite Party.
5. Heard learned Counsel for the Petitioner.
6. This transfer petition has been filed by the Petitioner-
Wife for transfer of Civil Proceeding No.38 of 2025, pending
in the Court of Judge, Family Court, Keonjhar to the Court
of Judge, family Court, Bhubaneswar on the grounds
detailed therein.
7. To substantiate the prayer made in the transfer
petition, learned Counsel for the Petitioner relies on the
Judgments of Supreme Court, reported in (2001) 10 SCC
41 (Sumita Singh Vs. Kumar Sanjay) and in (2016) 15
SCC 146 (Vaishali Shridhar Jagtap Vs. Shridhar
Vishwanath Jagtap). Learned Counsel for the Petitioner
submits, at the instance of the Petitioner-Wife, D.V. Misc.
Case No.602 of 2025 is now pending before the JMFC-IV,
Bhubaneswar. Similarly, Cr.P. No.97 of 2025 is also
pending before the Judge, Family Court, Bhubaneswar for
maintenance.
8. In view of the reasons detailed in the transfer petition
so also the submission made by the learned Counsel for
the Petitioner and the settled position of law, the prayer
made in the transfer petition is allowed. The Judge, Family
Court, Keonjhar is directed to transmit the case record in
C.P. No.38 of 2025 to the Court of Judge, Family Court,
Bhubaneswar at the earliest, preferably within a period of
one week from the date of production of certified copy of
this order.
9. On receiving the case record in C.P. No.38 of 2025
from the Court of Judge, Family Court, Keonjhar, the Court
of 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 at the earliest.
C.P. No.38 of 2025 be taken up together along with Cr.P.
No.97 of 2025, which is pending before the same Court.
10. The Judge, Family Court, Bhubaneswar is requested
to explore the facilities of Video Conferencing available in
the said Court and allow the parties to appear through
virtual mode following due procedure, as 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 any
other purposes, for which their presence may be required
by the Court, if it is so ordered, the parties shall remain
physically present before the Judge, Family Court,
Bhubaneswar.
11. For convenience of the parties, the Judge, family
Court, Bhubaneswar is directed to try both C.P. No.38 of
2025 so also Cr.P. No.97 of 2025 together and proceed
further in accordance with law.
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 Judge, Family Court, Keonjhar so also the
Court of Judge, Family Court, Bhubaneswar for
compliance of the observations made above.
14. Urgent certified copy of this order be granted on
proper application as per rules.
(S.K. MISHRA)
JUDGE
Banita
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 11-Jul-2025 16:56:44
