Orissa High Court
Lalita Sasmal vs Sudhansu Sekhar Dalai .... Opposite ... on 16 July, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.60 of 2025
Lalita Sasmal .... Petitioner
Mr. B.K. Mishra, Advocate
-versus-
Sudhansu Sekhar Dalai .... Opposite Party
None
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
16.07.2025
Order No.
02. This matter is taken up through hybrid mode.
2. Pursuant to order dated 10.03.2025, though
notice was issued to the Opposite Party-Husband by
Registered Post with A.D., as per the office note,
undelivered notice as against sole Opposite Party
returned with postal endorsement "Addressee left
without any instruction".
3. As is revealed from the cause title in C.P. No.38 of
2025 as at Annexure-1 series, notice was issued to the
Opposite Party No.1 as per the address furnished by
him. Hence, in view of the postal endorsement and
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 and matter is
taken up for hearing and disposal in absence of the
Opposite Party.
4. Heard learned Counsel for the Petitioner.
5. This transfer petition has been filed by the
Petitioner-Wife for transfer of C.P. No.38 of 2025,
preferred by the Opposite Party-Husband under section
13 of the Hindu Marriage Act, 1955, from the Court of
Judge, Family Court, Balasore to the Court of Judge,
Family Court, Baripada. Such a prayer has been made
on the ground that Petitioner-Wife is a deserted lady
having a minor child and is at present residing with
her old and ailing parents at Chakradharpur, PO-
Kuradiha, PS-Badasahi, Mayurbhanj. There is no male
member to accompany her to attend the case at
Balasore. That apart, it would be difficult on her part to
attend the case at Balasore, which is around 60 K.m.
away from her native place.
6. Learned Counsel for the Petitioner submits, as
per the instruction received, the Petitioner also has
filed Cr. P. No.45 of 2025 against the Opposite Party-
husband in the Court of Judge, Family Court,
Baripada for maintenance of her minor child.
7. In view of the reasons detailed in the transfer
petition so also 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, Balasore is directed to
transmit the case record in C.P. No.38 of 2025 to the
Court of Judge, Family Court, Baripada at the earliest,
preferably within a period of one week from the date of
production of certified copy of this order.
8. On receiving the case record in C.P. No.38 of
2025 from the Court of Judge, Family Court, Balasore,
the Judge, Family Court, Baripada shall re-register
the said case, if so required, and proceed further in
accordance with law giving due opportunity to both the
parties.
9. Since Cr.P. No.45 of 2025, at the instance of the
Petitioner, is pending before the same Court, for
convenience of parties, both C.P. No.38 of 2025 and
Cr.P. No.45 of 2025 be tried by posting both the said
cases to same date.
10. The Judge, Family Court, Baripada is requested
to explore the facilities of Videoconferencing available
in the said Court and permit the parties to appear
before him 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 other
purposes, for which their presence may be required by
the Court and if it is so ordered, the parties shall
remain physically present before the Judge, Family
Court, Baripada.
11. To avoid delay, the parties are directed not to ask
for unnecessary adjournments and cooperate with the
Judge, Family Court, Baripada, who shall do well to
conclude the said proceeding at the earliest.
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, Balasore so
also the Judge, Family Court, Baripada for compliance.
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: 17-Jul-2025 17:29:50
