The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.81 of 2024 Smruti Chandini Bhoi ….... Petitioner Girish Sahu ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Mr. J.R. Deo, Advocate For Opposite Party : Mr. A. Mohanty, Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment: 11.08.2025 _____________________________________________________________ S.K. MISHRA, J. 1. This transfer petition has been filed by the Petitioner- wife for transfer of MAT Case No.38 of 2023 filed by the Opposite Party-husband under Section 13(1) of Hindu Marriage Act, 1955 for dissolution of marriage, from the Court of learned Judge, Family Court, Bargarh, to the Court of learned Judge, Family Court, Sonepur on the grounds detailed in the transfer petition. 2.
Legal Reasoning
Heard Learned Counsel for the parties. Page 1 of 7 3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner being a deserted lady, having no source of income, is dependent on her parents to maintain her livelihood. It would be difficult on her part to attend the day to day proceeding before the learned Judge, Family Court, Bargarh, as the distance from Bargarh to Sonepur is
Legal Reasoning
around 80 K.Ms. That apart, there is a threat to her life, if she appears before the Court of learned Judge, Family Court, Bargarh in MAT Case No.38 of 2023. 4. Admittedly, the Petitioner had earlier approached this Court with similar prayer vide TRP(C) No.162 of 2023, which stood disposed of on 13.07.2023 at the stage of admission even before noticing the Opposite Party-husband with the following order:
Decision
“1. Permitting the Petitioner to request the Court concerned to appear and conduct all proceedings in virtual mode, the present petition is disposed of. 2. concerned Court forthwith.” A copy of this order be communicated to the 5. Learned Counsel for the Petitioner, drawing attention of this Court to the entire order sheet in MAT Case No.38 of 2023, as at Annexure-5 series, more particularly order dated 16.03.2024, submits that, pursuant to the observation of this Court in TRP(C) No.162 of 2023, though the Petitioner was permitted to appear through virtual mode, she being the Opposite Party, at the stage of Page 2 of 7 cross-examination of P.W.1, as her Advocate wanted to confront some photographs relating to marriage and subsequent photographs pertaining to their marital life, in absence of Visualizer, which was not available at the Advocate’s remote point, Sonepur and there being no facility of Display Unit at the Advocate’s remote point, Sonepur, further cross-examination of P.W.1 through virtual mode is not practicable. The learned Court below, recording so, ordered for further cross-examination of P.W.1 through physical mode, for which the Petitioner was being constraint to approach this Court again in form of present transfer petition. The said order dated 16.03.2024 passed in MAT Case No.38 of 2023, being relevant, is reproduced below: “Order dated 16.03.2024 The Petition to adjourned further hearing in Mat. Case No.38 of 2023 filed on 11.03.2024 is put up. The matter is taken in physical through the advocates for the parties locally. According to the petition the matter is taken up in V.C Mode and the case is in stage of cross-examination of P.W.1 and the advocate for the respondent will confront some photographs relating to marriage and subsequent photographs connecting martial life. In absence of visualizer which is not available at the advocate remote point, Sonepur and as there is no facility of display unit at the advocate remote point, Sonepur, is not further practicable. Hence it is prayed to adjourn the hearing is suitably the aforesaid prayer accommodated. cross-examination of P.W.1 till In this matter it can be stated her that in the absence of required facilities this case cannot be Page 3 of 7 proceeded through V.C. Mode. Hence the order of this court dtd.13.11.2024 is modified. The advocate for the respondent is directed to cooperate the court to come to the court premises at Bargarh to proceed in this case physically, because this is the way only to have the purpose as desired by the ld. Advocate can be served easily. The respondent in person many not attend the court to remain present during cross-examination, if she has any justified ground for the same, but it will be, at her own risk. Accordingly, the case be put up on 06.04.2024 for further proceeding in the matter i.e. further cross- examination of P.W.1 in physical mode and also for further order.” Sd/- Judge, Family Court, Bargarh.” 6. Though it has not been pleaded so, learned Counsel for the Petitioner further submits, during pendency of this transfer petition, because of financial stringency, the Petitioner has preferred Cr.P. No.43 of 2024 before the learned Judge, Family Court, Sonepur under Section 144 B.N.S.S. for maintenance. Being noticed, the Opposite Party-husband has appeared and contesting the said case at Sonepur. Accordingly, he prays for transfer of the proceeding in MAT Case No.38 of 2023 to the Court of learned Judge, Family Court, Sonepur , with further prayer to take up the said case with Cr.P. No.43 of 2024 , which is pending before the same Court for maintenance. 7. Learned Counsel for the Opposite Party-husband does not dispute the said submission made by the learned Counsel for the Petitioner-wife. On being asked, he submits that the Opposite Page 4 of 7 Party-husband has no objection to such prayer for transfer of proceeding. However, he prays for tagging up both the said cases and seeks for a direction to the Court below for disposal of both the said cases at the earliest in a time bound manner. 8. In view of the admitted facts on record, as detailed above, submissions made by the learned Counsel for the parties, the settled position of law so also the technical glitch faced by the learned Judge, Family Court, Bargarh to act in terms of order dated 13.07.2023 passed in TRP(C) No.162 of 2023 and the concession of the learned Counsel for the Opposite Party, this Court is inclined to allow the prayer made in the transfer petition. 9. Accordingly, the learned Judge, Family Court, Bargarh is directed to transmit the case record in MAT Case No.38 of 2023 to the Court of learned Judge, Family Court, Sonepur 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 MAT Case No.38 of 2023 from the Court of learned Judge, Family Court, Bargarh, the learned Judge, Family Court, Sonepur shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. Page 5 of 7 11. Since Cr.P. No.43 of 2024, at the instance of the Petitioner, is also pending before the Court of learned Judge, Family Court, Sonepur, for convenience of parties, both MAT Case No.38 of 2023 and Cr.P. No.43 of 2024 be tried together by posting both the said cases to same date. 12. To avoid delay and notice, both the parties are directed to make a query themselves or through their counsel regarding the date and purpose of posting of MAT Case No.38 of 2023 and attend the Court of learned Judge, Family Court, Sonepur. Both the parties are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Sonepur, who shall do well to conclude both the said proceedings in MAT Case No.38 of 2023 & Cr.P No.43 of 2024 at the earliest, preferably with a period of six months from the date of receiving record from the Court of learned Judge, Family Court, Bargarh in MAT Case No.38 of 2023. 13. Since the issue regarding technical glitch has come to the notice of this Court, the learned Judge, Family Court, Bargarh is requested to do the needful to overcome such problem in future, as has been pointed out vide order dated 16.03.2024 so also to avoid such kind of difficulty in other cases, where the Court is to record evidence through virtual mode. Page 6 of 7 14. With the said observation and direction, the transfer petition stands disposed of. 15. Interim order dated 05.04.2024 passed in I.A. No.81 of 2024 stands vacated. 16. Office is directed to communicate a copy of this judgment to the Court of learned Judge, Family Court, Bargarh so also the learned Judge, Family Court, Sonepur for compliance. 17. Urgent certified copy of this judgment be granted on proper application as per rules. …….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, 11th August, 2025/ Prasant Signature Not Verified Digitally Signed Page 7 of 7 Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 12-Aug-2025 17:51:17