Orissa High Court
Kalpana Sahoo vs Manas Ranjan Khatua .... Opposite Party on 30 June, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.238 of 2022
Kalpana Sahoo .... Petitioner
None
-versus-
Manas Ranjan Khatua .... Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
30.06.2025
Order No.
05. This matter is taken up through hybrid mode.
2. As per the office note, though fresh notice on
admission and stay matter was issued to the sole Opposite
Party by Registered Post with A.D., the same has returned
undelivered with a postal endorsement "Addressee left
without instruction".
3. Accordingly, 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), the notice on the Opposite Party is
held to be sufficient.
4. Apart from that, it is ascertained from the record,
further proceeding in CP No.285 of 2021, pending in the
Court of Judge, Family Court, Cuttack was stayed vide
order dated 24.01.2023, which has been preferred by the
present Opposite Party. Hence, it can be well presumed
that the Opposite Party is well aware about the pendency of
the present transfer petition.
5. A query being made as to the present status of C.P.
Case No.285 of 2021, learned Counsel for the Petitioner
submits, as per the instruction received, the said case is
still pending in the Court of Judge, Family Court, Cuttack.
Hence, the matter is taken up for hearing and final disposal
in absence of the Opposite Party.
6. This transfer petition has been filed by the
Petitioner-wife for transfer of C.P. Case No.285 of 2021
from the Court of Judge, Family Court, Cuttack for divorce
to the Court of Judge, Family Court, Kendrapara on the
grounds detailed in the transfer petition.
7. Heard learned Counsel for the Petitioner.
8. In view of the reasons detailed in the transfer petition
and the settled position of law, the prayer made in the
transfer petition is allowed.
9. The Judge, Family Court, Cuttack is directed to
transmit the case record in C.P. Case No.285 of 2021 to the
Court of Judge, Family Court, Kendrapara at the earliest,
preferably within a period of seven days from the date of
production of certified copy of this order.
10. On receiving the case record in C.P. Case No.285 of
2021 from the Court of Judge, Family Court, Cuttack, the
Court of Judge, Family Court, Kendrapara 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, preferably within a period of six months from the
date of receipt of case record in C.P. Case No.285 of 2021.
11. It is made clear that both the parties will be at liberty
to appear before the Judge, Family Court, Kendrapara
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. 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 ordered, the
parties so also their witnesses shall remain physically
present before the Judge, Family Court, Kendrapara.
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, Cuttack so also the
Court of Judge, Family Court, Kendrapara enabling the
said Courts to act in terms of the observation made above.
14. Urgent certified copy of this order be granted on
proper application as per rules.
(S. K. MISHRA)
JUDGE
Mona
Location: High Court of Orissa
