Orissa High Court
Annada Prava Ray vs Uday Kumar Mohapatra ... Opposite Party on 13 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.176 of 2019
Annada Prava Ray ... Petitioner
Mr. S. Bahadur, Advocate
-versus-
Uday Kumar Mohapatra ... Opposite Party
None
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
13.10.2025
Order No.
05. This matter is taken up through hybrid mode.
2. Learned Counsel for the Petitioner is present.
3. Pursuant to order dated 21.08.2025, a report has
been submitted by the learned Judge, Family Court,
Balasore vide letter No.655 dated 16.09.2025, wherefrom
it is revealed that copy of the order dated 04.09.2025
passed in this case has been duly served on the Counsel,
who represents the present Opposite Party in CP No.453
of 2018. Still the Opposite Party goes unrepresented
when the matter is called.
4. Hence, as prayed by the learned Counsel for the
Petitioner, the transfer petition is taken up for hearing
and disposal in absence of the Opposite Party-husband.
5. Heard learned Counsel for the Petitioner.
6. The present transfer petition has been preferred by
the Petitioner-wife for transfer of proceeding in CP
No.453 of 2018, pending in the Court of learned Judge,
Family Court, Balasore to the Court of learned Judge,
Family Court, Bhubaneswar on the grounds detailed in
the transfer petition.
7. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner submits, the
present Petitioner has preferred the CP No.136 of 2013
under Section 18 of the Hindu Adoptions and
Maintenance Act before the learned Judge, Family Court,
Bhubaneswar.
8. Being noticed, the Opposite Party appeared in the
said case and contested the said case, which has been
decreed vide judgment dated 03.05.2017. Based on the
said Judgment, Execution Proceeding No. 26/2017 has
been initiated by the Petitioner, which is now pending in
the Court of learned Judge, Family Court, Bhubaneswar.
9. Both the present Petitioner and Opposite Party are
at present residing in Bhubaneswar and cause of action
to file the case also arose at Bhubaneswar. However, to
harass the Petitioner intentionally, the Opposite Party
has filed CP No.453 of 2018 before the learned Judge,
Family Court, Balasore for divorce after passing of
judgment in CP Case No.136 of 2013.
10. He further submits that the Petitioner, being a
deserted lady, is at presently staying at her father's
house at Bhubaneswar. She is having a minor female
child. The Petitioner is depending on her old parents for
maintenance of herself as well as her minor daughter.
The Opposite Party is also not paying the maintenance
as per the direction given by the learned Judge, Family
Court, Bhubaneswar. Thus, it would be difficult on her
part to travel such a long distance from Bhubaneswar to
Balasore on each and every date of posting of the case by
spending money.
11. In view of the reasons detailed in the transfer
petition so also submissions made by the learned
Counsel for the Petitioner, the prayer made in the
transfer petition is allowed.
12. The learned Judge, Family Court, Balasore is
directed to transmit the case record in C.P. No.453 of
2018 to the Court of learned Judge, Family Court,
Bhubaneswar at the earliest preferably, within a period of
seven days from the date of production of certified copy of
this order.
13. On receiving the case record in C.P. No.453 of 2018
from the Court of learned Judge, Family Court, Balasore,
the Court of learned Judge, Family Court, Bhubaneswar
shall re-register the said case, if so required, and proceed
further in accordance with law giving due opportunity to
both the parties.
14. Since the CP is of the year 2018, the learned Judge,
Family Court, Bhubaneswar is directed to proceed
further in CP No. 453 of 2018 and try to conclude the
said proceeding at the earliest, preferably within a period
of six months from the date of receipt of record from the
Court of learned Judge, Family Court, Balasore.
15. It is made clear that both the parties will be at
liberty to appear before the learned Judge, Family Court,
Bhubaneswar 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 learned Judge,
Family Court, Bhubaneswar.
16. With the said observation and direction, the
transfer petition stands disposed of.
17. Office is directed to communicate a copy of this
order to the Court of learned Judge, Family Court
Balasore so also the Court of learned Judge, Family
Court, Bhubaneswar enabling the said Courts to act in
terms of the observation made above.
18. Interim order dated 16.07.2019 passed in I.A.
No.193 of 2019 stands vacated.
19. Urgent certified copy of this order be granted on
proper application as per rules.
(S.K. MISHRA)
JUDGE
Mona
Location: High Court of Orissa
