Orissa High Court
Surya Narayan Subudhi vs Sunanda Patra .... Opposite Party on 4 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.213 of 2025
Surya Narayan Subudhi .... Petitioner
Mr. K. Behera, Adv.
-versus-
Sunanda Patra .... Opposite Party
Mr. P.C. Mishra, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
04.09.2025
Order No.
02. This matter is taken up through hybrid mode.
2. Heard learned Counsel for the Petitioner.
3. This transfer petition has been filed by the Petitioner-
husband for transfer of proceeding in CP No.202 of 2025,
now pending in the Court of learned Judge, Family Court-
I, Bhubaneswar, to the Court of learned Judge, Family
Court-II, Bhubaneswar on the ground that CP Case No.672
of 2024, preferred by the Opposite Party wife under Section
13 (1) (i-a) of the Hindu Marriage Act, 1955, is now
pending before the learned Judge, Family Court-II.
4. On being noticed, the Opposite Party wife has
appeared. Learned Counsel for the Opposite Party wife
submits, as per the instruction received, he has no
objection to such prayer for transfer. However, since his
client is at present serving Bangalore, she be permitted to
appear through virtual mode, if so required.
5. Since the Petitioner husband has filed an application
under Section 9 of Hindu Marriage Act, 1955 for
restitution of conjugal rights, whereas the Opposite Party
wife has filed an application under Section 13 (1) (i-a) for
divorce, this Court is of the view that, in order to avoid
multiplicity of proceedings and conflicting judgments, both
the said proceedings should be tried together.
6. Law is well settled that proceedings involving
common question of fact and law to be tried together. In
N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha,
reported in 2022 SCC OnLine SC 1199, the Supreme Court
held as follows:
"10. Further, when two or more proceedings are
pending in different Courts between the same
parties which raise common question of fact and
law, and when the decisions in the cases are
interdependent, it is desirable that they should
be tried together by the same Judge so as to
avoid multiplicity in trial of the same issues and
conflict of decisions."
(Emphasis Supplied)
7. In view of the reasons detailed in the transfer petition
so also submissions made by the learned Counsel for the
both the parties and the settled position of law, as detailed
above, the prayer made in the transfer petition is allowed.
The learned Judge, Family Court (I), Bhubaneswar is
directed to transmit the case record in C.P. No.202 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 order.
8. On receiving the case record in C.P. No.202 of 2025
from the Court of learned Judge, Family Court (I),
Bhubaneswar, 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.
9. As C.P. No.672 of 2024 filed by the Opposite Party-
wife under Section 9 of the Hindu Marriage Act, 1955 is
pending before the same Court, both C.P. No.202 of 2025
and C.P. No.672 of 2024 be tried together.
10. 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 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 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 (II), Bhubaneswar.
11. To avoid delay and notice, the parties are directed to
make a query themselves or through their Counsel
regarding the date and purpose of posting of C.P. Case
No.202 of 2025 and participate in the said proceeding.
They are further directed not to ask for unnecessary
adjournments and cooperate with the learned Judge,
Family Court (II), Bhubaneswar, who shall do well to
conclude both the proceedings in C.P. No.202 of 2025 &
C.P. No.672 of 2024 at the earliest.
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 learned Judge, Family Court (I),
Bhubaneswar so also the learned Judge, Family Court (II),
Bhubaneswar for compliance.
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
