The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.338 of 2025 Jirlina Pani ….... Petitioner Satya Sankar Acharya ....... Opposite Party -Versus- TRP(C) No.226 of 2025 Jirlina Pani ….... Petitioner Satya Sankar Acharya ....... Opposite Party -Versus-
Legal Reasoning
Advocate for the parties (In both the cases) For Petitioner For Opposite Party
Legal Reasoning
: Mr. P.K. Jena, Advocate : Mr. H.N. Tripathy, Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment : 05.12.2025 _____________________________________________________________ S.K. MISHRA, J. 1. TRP(C) No.338 of 2025 has been preferred by the Petitioner-Wife for transfer of proceeding in Guardian Misc. Case No.31 of 2025 from the Court of learned Judge, Family Court, Baripada to the Court of learned Judge, Family Court, Balasore. Similarly, TRP(C) No.226 of 2025 has also been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.77 of 2025 from the Court of learned Judge, Family Court, Baripada to the Court of learned Judge, Family Court, Balasore. Grounds for transfer taken in both the transfer petitions are identical. 2. Since the parties in the both the transfer petitions are same and the issues involved in both the transfer petitions are pertaining to transfer of proceedings from the Court of learned Judge, Family Court, Baripada to the Court of learned Judge, Family Court, Balasore, both the transfer petitions are taken up for hearing and disposal together. 3. 4. Heard learned Counsel for the Parties. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, in view of the reasons detailed in the transfer petition so also settled position of law, the prayer made in the Transfer Petitions be allowed. 5. Per contra, learned Counsel for the Opposite Party, apart from reiterating the grounds urged in the Counter submits, the Petitioner, at present, is serving as an Assistant Teacher in Sanpatpur High School at Nilagiri. That apart, their child is also studying at Nilagiri. Hence, if both the proceedings are transferred Page 2 of 6 to Court at Nilagiri, rather it will be convenient for the Petitioner- Wife to pursue the cases at Nilagiri. 6. Learned Counsel for the Opposite Party-Husband further submits, as per the instruction received, the learned Civil Judge (Senior Division), Nilagiri is empowered to adjudicate matrimonial proceedings. 7. He further submits, since the distance from Nilagiri to Balasore would be around 35 to 40 K.Ms., if both the proceedings are transferred to Balasore, as prayed by the Petitioner-wife, rather it would be difficult on her part to attend the day to day proceeding at Balasore. It will be beneficial for the Petitioner, if both the proceedings are transferred to the Court of learned Civil Judge (Senior Division), Nilagiri, who is competent to adjudicate the matrimonial cases. 8. However, learned Counsel for the Opposite Party- Husband submits, his client is at present serving in TCS and posted at Bhubaneswar. It would be difficult on his part to attend the day to day proceeding at Nilagiri by taking leave. Hence, he be permitted to appear through virtual mode, if so required . 9. A query being made as to whether learned Civil Judge (Senior Division),Nilagiri is empowered to hear guardianship cases, learned State Counsel submits, recently the Court of ADJ has Page 3 of 6 been opened at Nilagiri. Hence, both the said proceedings can be transferred to the Court of learned ADJ, Nilagiri. 10. Learned Counsel for the parties agree to such suggestion given by the learned State Counsel for transferring both the proceedings to the Court of ADJ , Nilagiri. 11. Accordingly, the learned Judge, Family Court, Baripada, Mayurbhanj is directed to transmit the case record in Guardian Misc. Case No.31 of 2025 so also C.P. No.77 of 2025 to the Court of learned ADJ, Nilagiri at the earliest, preferably within a period of one week from the date of production of certified copy of this judgment. 12. On receiving the case record in Guardian Misc. Case No.31 of 2025 so also C.P. No.77 of 2025 from the Court of learned Judge, Family Court, Baripada, the learned ADJ, Nilagiri shall re-register both the said cases, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 13. For convenience of the parties, learned ADJ, Nilagiri is directed to post both the said cases to same date and proceed simultaneously. 14. The learned ADJ, Nilagiri is requested to explore the facilities of Video Conferencing available in the said Court and Page 4 of 6 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 ADJ, Nilagiri. 15. After the cases are transferred to the Court of learned ADJ, Nilagiri, to avoid delay and notice, both the Parties are directed to make a query before the learned ADJ, Nilagiri themselves or through their Counsels to ascertain the date and purpose of posting of Guardian Misc. Case No.31 of 2025 so also C.P. No.77 of 2025, and participate in the said proceedings. 16. Both the Parties are further directed not to seek for unnecessary adjournments and cooperate with the learned ADJ, Nilagiri, who shall do well to conclude both the said proceedings in Guardian Misc. Case No.31 of 2025 so also C.P. No.77 of 2025 at the earliest, preferably within a period of six months from the date of receipt of the records from the Court of learned Judge, Family Court, Baripada. Page 5 of 6 17. With the said observation and direction, both the
Decision
transfer petitions stand allowed and disposed of. 18. Office is directed to communicate copies of this order to the Court of learned Judge, Family Court, Baripada, Mayurbhanj, so also the learned ADJ, Nilagiri for compliance. 19. Interim orders passed in both the transfer petitions stand vacated. 20. Urgent certified copy be granted on proper application as per rules. …….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, 5th December, 2025/ Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-Dec-2025 14:20:39 Page 6 of 6