Orissa High Court
Jagnyaseni Sahu @ vs Sujit Kumar Behera .... Opposite Party on 8 July, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.115 of 2022
Jagnyaseni Sahu @ .... Petitioner
Jangyaseni Sahu
Mr. M. Faradish, Advocate
-versus-
Sujit Kumar Behera .... Opposite Party
Ms. A. Ray, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
09.07.2025
Order No.
03. This matter is taken up through hybrid mode.
2. Learned Counsel for the parties are present.
3. Pursuant to order dated 23.06.2025, the Judge,
Family Court, Rourkela has submitted a report vide letter
No.397 dated 07.07.2025, wherefrom it is revealed that in
view of the judgment of the Supreme Court reported in
(2018) 16 Supreme Court Cases 299 (Asian Resurfacing
of Road Agency Pvt. Ltd. and another Vs. Central
Bureau of Investigation), the Court below, despite stay
order, proceeded further in C.P. Case No.25 of 2022 and
now the said case stands posted to 30.07.2025 for
appearance of the Respondent-Wife.
4. Since learned Counsel for the parties are present and
C.P. Case No.25 of 2022 is still pending, the matter is
taken up for hearing and disposal, on consent of learned
Counsel for the parties.
5. This Transfer Petition has been filed by the Petitioner-
Wife for transfer of proceeding in C.P. Case No.25 of 2022
filed by the Opposite Party-Husband, now pending in the
Court of Judge, Family Court, Rourkela, to the Court of
Judge, Family Court, Keonjhar for trial on the grounds
detailed in the Transfer Petition.
6. Heard learned Counsel for the parties.
7. Learned Counsel for the Petitioner submits, the
Petitioner is a working lady, who is at present serving as a
Lecturer in Khiching College and at present residing at
Village-Sukruli P.O- Khiching in the district of Mayurbhanj.
He further submits, the Opposite Party-Husband also
belongs to Village-Kirkichia, P.O/P.S-Khunta in the district
of Mayurbhanj. However, in order to harass the Petitioner,
the Opposite Party-Husband has intentionally filed C.P.
Case No.25 of 2022 under Section 13(1) of the Hindu
Marriage Act, 1955 for divorce in the Court of Judge,
Family Court, Rourkela. He further submits, the distance
of the Petitioner's village would be around 200 K.M. from
the Family Court, Rourkela. That apart, she is living alone
along with her school going child, who was around 14
years old at the time of filing of Transfer Petition. There is
no male member residing with the Petitioner, for which it
would be difficult on her part to travel alone to Rourkela to
attend the Court proceeding. He further submits, the
Petitioner's income does not support staying alone and
rearing a child and it will not be possible on her part to
travel to Rourkela and engage a lawyer, to whom she does
not know, to look after her case at Rourkela. She also
apprehends danger to her life as her in-laws house is at
Rourkela and it would not be safe on her part to go to
Rourkela alone. He further submits, though in the cause
title of the C.P. No.25 of 2022, it has been indicated that
the present Opposite Party, who is the Petitioner in the said
case, at the time of filing of said application for divorce was
residing at Rourkela, but as per the recent instruction
received from the Petitioner, the Opposite Party-husband is
at present residing somewhere in Pune.
8. Though no written objection has been filed opposing
to the prayer made in the Transfer Petition, per contra,
learned Counsel for the Opposite Party submits, after
marriage, both of them were residing at Rourkela. The
Opposite Party has rightly preferred the said application in
the Court having jurisdiction at Rourkela. She further
submits, if the Court is inclined to allow the prayer made
in the Transfer Petition, her client be permitted to appear
through virtual mode.
9. However, in view of the reasons detailed in the
transfer petition so also submissions made by learned
Counsel for the parties and the settled position of law, the
prayer made in the transfer petition is allowed.
10. The Judge, Family Court, Rourkela is directed to
transmit the case record in C.P. Case No.25 of 2022 to the
Court of Judge, Family Court, Keonjhar at the earliest,
preferably within a period of seven days from the date of
production of the certified copy of this order.
11. On receiving the case record in C.P. Case No.25 of
2022 from the Court of Judge, Family Court, Rourkela, the
Judge, Family Court, Keonjhar 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.
12. It is made clear that parties will be at liberty to
appear before the Judge, Family Court, Keonjhar through
virtual mode. The Judge, Family Court, Keonjhar is
requested to explore the facilities available in the said
Court for video conferencing and proceed further 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, for which their presence may be
required by the Court, if it is so required and ordered, the
parties shall remain physically present before the Judge,
Family Court, Keonjhar.
13. To avoid delay, the parties are directed not to ask for
unnecessary adjournments and cooperate with the Judge,
Family Court, Keonjhar, who shall do well to conclude the
said proceeding at the earliest, preferably within a period of
six months from the date of receipt of the record from the
Court of Judge, Family Court, Rourkela.
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 Judge, Family Court, Rourkela so also the Judge,
Family Court, Keonjhar enabling the said Courts to act in
terms of the observation made above.
16. Interim order dated 10.05.2022 stands vacated.
17. Urgent certified copy of this order be granted as per
rules.
(S.K. Mishra)
Kanhu
Judge
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 09-Jul-2025 18:31:56
