Orissa High Court
Rajeshwari Bhoi vs Chandrakanta Bhoi .... Opposite Party on 22 July, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.111 of 2022
Rajeshwari Bhoi .... Petitioner
Mr. A. K. Misra, Adv.
-versus-
Chandrakanta Bhoi .... Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
22.07.2025
Order No.
03. This matter is taken up through hybrid mode.
2. Learned Counsel for the Petitioner is present.
3. Though, vide order dated 23.06.2025, notice on the
Opposite Party was held to be sufficient, the Opposite Party
goes unrepresented when the matter is called. Pursuant to
order dated 23.06.2025, a report has been submitted by
the Civil Judge (Senior Division) Padampur vide letter
No.696 dated 11.07.2025. It is revealed from the said
report that despite stay order passed by this Court, in view
of the order of Supreme Court dated 15.10.2020 passed in
Misc. Appl. No.1577 of 2020 in Criminal Appeal No.1875 of
2013 in the matter of Asian Resurfing of Road Agency
Pvt. Ltd. And another vrs. Central Bureau of
Investigation, the Court below proceeded further and the
said case was last posted on 16.07.2025 for appearance of
the Respondent, who is the present Petitioner.
4. Learned Counsel for the Petitioner submits, the said
order of the Supreme Court has been clarified in the
subsequent judgment reported in (2024) 6 SCC 307 (Asian
Resurfing of Road Agency Pvt. Ltd. And another vrs.
Central Bureau of Investigation). As per the instruction
received from his client, now CS (MAT) No.13 of 2020
stands posted to 6th August, 2025 for filing Written
Statement by the Respondent. However, a prayer being
made by the learned Counsel for the Petitioner-wife, the
transfer petition is taken up for hearing and disposal in
absence of the Opposite Party.
5. Heard learned Counsel for the Petitioner.
6. The present transfer petition has been filed for
transfer of CS (MAT) No.13 of 2020, pending in the Court of
Civil Judge, Senior Division, Padampur to the Court of Civil
Judge, Senior Division, Patnagarh on the grounds detailed
in the transfer petition.
7. Reiterating the grounds detailed in the transfer
petition, learned Counsel for the Petitioner submits, after
her desertion, the Petitioner is staying with her parents.
She is unable to defray the cost of litigation and maintain
her livelihood. It would be difficult on her part to attend the
case at Padampur, as she is at present residing at Village-
Bhaludunguri PO-Odiapali, PS-Khaprakhol in the District
of Balangir. She has also filed a case under the Domestic
Violence Act, 2005 against the Opposite Party-husband and
her in-laws and now the said case is pending before the
Court of SDJM, Patnagarh vide CMC No.46 of 2020. She
being a deserted lady and dependent on her parents for
her livelihood, having no income, it would be difficult on
her part to attend the proceeding in CS (MAT) No.13 of
2020, now pending in the Court of Civil Judge, Senior
Division, Padampur.
8. Learned Counsel for the Petitioner further submits,
the Opposite Party-husband is serving in CRPF and at
present is posted somewhere outside the State of Odisha,
which is not within the knowledge of the Petitioner.
9. 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.
10. The Civil Judge, Senior Division, Padampur is
directed to transmit the case record in CS (MAT) No.13 of
2020 to the Court of Civil Judge, Senior Division,
Patnagarh at the earliest, preferably within a period of
seven days from the date of production of certified copy of
this order.
11. On receiving the case record in CS (MAT) No.13 of
2020 from the Civil Judge, Senior Division, Padampur, the
Civil Judge, Senior Division, Patnagarh shall re-register the
said case, if so required, and proceed further in accordance
with law giving due opportunity to both the parties.
12. As the Opposite Party-husband is allegedly serving in
CRPF and outside the State of Odisha, both the parties will
be at liberty to appear before the Civil Judge, Senior
Division, Patnagarh 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 Civil Judge, Senior Division, Patnagarh is
requested to explore the facilities of Video Conferencing
available in the said Court and allow the parties to appear
through virtual mode 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, if it is so ordered, the parties so also their
witnesses shall remain physically present before the Civil
Judge, Senior Division, Patnagarh.
13. Since the case is of the year 2020, the Civil
Judge, Senior Division Patnagarh shall do well to dispose of
the said case at the earliest, preferably within a period of
six months from the date of receipt of record from the Court
of Civil Judge, Senior Division, Padampur.
14. With the said observation and direction, the transfer
petition stands disposed of.
15. Office is directed to communicate a copy of this order
to the Court of Civil Judge, Senior Division, Padampur so
also the Court of Civil Judge, Senior Division, Patnagarh
enabling the said Courts to act in terms of the observation
made above.
16. Interim order, if any, stands vacated.
17. Urgent certified copy of this order be granted on
proper application as per rules.
(S. K. MISHRA)
JUDGE
Mona
Location: High Court of Orissa, Cuttack
