Orissa High Court
Susmita Sethi vs Kallol Kumar Sethi ....... Opposite ... on 11 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.264 of 2025
Susmita Sethi ....... Petitioner
-Versus-
Kallol Kumar Sethi ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. S. Khandayatray
Advocate
For Opposite Party : Mr. S.K. Nayak
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment : 11.11.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been preferred by the
Petitioner-Wife for transfer of proceeding in Matrimonial Suit
No.121 of 2025 preferred by the Opposite Party-Husband,
now pending in the Court of learned Civil Judge (Sr. Division),
Rairangpur in the district of Mayurbhanj, to the Court of
learned Judge, Family Court, Bhubaneswar on the grounds
detailed in the transfer petition.
2. Though the Opposite Party- Husband has
appeared, no written objection has been filed opposing to
such prayer for transfer. However, on consent of the learned
Counsel for the Parties, the transfer petition is taken up for
hearing and disposal at the stage of admission permitting the
Counsel for the Opposite Party-Husband to raise his oral
objections to the transfer petition, if any.
3. Heard learned Counsel for the Parties.
4. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner submits, the
Petitioner-Wife, who is a working lady, is now posted at
Sambalpur town, which is around 300 K.Ms away from
Rairangpur. That apart, The Petitioner-Wife is having a minor
child who is about 11 years old and reading in a local school
at Bhubaneswar.
5. Though the Petitioner-Wife at present serving at
Sambalpur as a Vetnary Surgeon, she is regularly coming to
Bhubaneswar on weekends and other public holidays to take
care of her child. Hence, it would be convenient on her part to
attend the day to day proceeding at Bhubaneswar.
6. Drawing attention of this Court to the affidavit
dated 10.11.2025 field by the Petitioner-Wife, learned Counsel
for the Petitioner submits, in the meantime she has preferred
an application under section 9 of the Hindu Marriage, Act,
1955, for Restitution of Conjugal Rights before the learned
Judge, Family Court-II, Bhubaneswar.
7. Learned Counsel for the Petitioner further submits,
as per the settled position of law, point of law involved in both
the applications being common , i.e., application for divorce
filed by the Opposite Party-husband in Matrimonial Suit No.
121 of 2025 under section 13 of Hindu Marriage Act, 1955
vis-a-vis C.A. No.1001 of 2025 filed by the Petitioner-wife
under section 9 of the Hindu Marriage Act, 1955, both the
said proceedings need to be heard together by the learned
Judge, Family Court-II, Bhubaneswar to avoid multiplicity of
proceeding and conflicting judgment.
8. On being asked, learned Counsel for the Opposite
Party fairly admits before this Court that his client at present
is staying in Bhubaneswar. Hence, this Court is inclined to
allow the prayer made in the transfer petition.
9. Accordingly, learned Civil Judge (SD), Rairangpur,
Mayurbhanj is directed to transmit the case record in
Matrimonial Suit No.121 of 2025 to the Court of learned
Judge, Family Court-II, Bhubaneswar at the earliest,
preferably within a period of one week from the date of
production of certified copy of this judgment.
10. On receiving the case record in Matrimonial Suit
No.121 of 2025 from the Court of learned Civil Judge (SD),
Rairangpur, Mayurbhanj, the learned Judge, Family Court-II,
Bhubaneswar shall re-register the said case, if so required,
and proceed further in accordance with law giving due
opportunity to both the parties.
11. The learned Judge, Family Court-II, Bhubaneswar
shall do well to tag both Matrimonial Suit No.121 of 2025 and
C.A. No.1001 of 2025 and proceed further in accordance with
law.
12. The learned Judge, Family Court-II, Bhubaneswar
is requested to explore the facilities of Video Conferencing
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, if so prayed by any of the parties.
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 learned Judge, Family Court,
Bhubaneswar.
13. After the case is transferred to the Court of learned
Judge, Family Court-II, Bhubaneswar, to avoid delay and
notice, both the Parties are directed to make a query before
the learned Judge, Family Court-II, Bhubaneswar themselves
or through their Counsels to ascertain the date and purpose
of posting in Matrimonial Suit No.121 of 2025 and participate
in the said proceeding.
14. Both the Parties are further directed not to seek for
unnecessary adjournments and cooperate with the learned
Judge, Family Court-II, Bhubaneswar, who shall do well to
conclude both the said proceedings at the earliest.
15. With the said observation and direction, the
transfer petition stands allowed and disposed of.
16. Office is directed to communicate a copy of this
judgment to the Court of learned Civil Judge (SD),
Rairangpur, Mayurbhanj so also the learned Judge, Family
Court-II, Bhubaneswar for compliance.
17. Interim order dated 18.08.2025 passed in I.A.
No.280 of 2025 stands vacated.
18. Urgent certified copy of this judgment be granted
on proper application as per rules.
...............................
S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, 11BANITA PRIYADARSHINI
th November, 2025/PALEI
Banita
Designation: SR. STENOGRAPHER
Reason: AUTHENTICATION
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 14-Nov-2025 17:01:47
