The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.461 of 2022 Sujata Sahoo …. Petitioner Mr. Abhiram Swain, Advocate -versus- Sridhar Prusty & Another …. Opp. Parties None CORAM: JUSTICE M.S. SAHOO Order No.
Decision
ORDER 20.04.2023 Hybrid Mode 06. 1. The petition under Section 24(1) a (ii) of the C.P.C. has been filed seeking transfer of C. P. No.315 of 2022 pending in the court of learned Judge, Family Court, Jajpur filed by the husband-opposite party no.1 under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 to the court of learned Judge, Family Court, Kendrapara. 2. Despite grant of several opportunities, the opposite party no.1 has not preferred to appear before this Court to controvert the present allegation made in the petition. 3. On 27.03.2023, the following order was passed:- “1. No one has appeared for the petitioner as well as the opposite party. 2. The postal tracking report of the India Post is available on record, which shows the item was delivered on 24.01.2023. Service of notice on the opposite party shall be treated to be sufficient. 3. To grant another opportunity, 20.04.2023.” list on 4. Heard learned counsel for the petitioner. 5. It is submitted by the learned counsel for the // 2 // petitioner that prayer made in the petition for transfer of C.P. No.315 of 2022 from the court of learned Judge, Family Court, Jajpur be allowed. To substantiate the prayer seeking transfer, it is further submitted the petitioner is lady facing difficult circumstances in life as she lost her parents earlier and thereafter lost her only brother recently, she is unemployed and she has to fend for herself. 6. Section 24 of the CPC provides as follows: “24.General withdrawal. power of transfer and (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and- (i) try or dispose of the same; or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer either re-try it or proceed from the point at which it was transferred or withdrawn. (3) For the purposes of this section, (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) execution of a decree or order. includes a proceeding for the ‘proceeding’ Page 2 of 4 // 3 // transferred or trying any suit (4) The Court withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. (5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.” 7. Hon’ble Supreme Court in Kulwinder Kaur ALIAS Kulwinder Gurcharan Singh V. Kandi Friends Education Trust and others : (2008) 3 Supreme Court Cases 659 at pagraph-23 discussing the scope of Sections 24 & 25 of the CPC has held as follows : raised by the parties; in view various “23. Reading Sections 24 and 25 of the Code judicial together and keeping pronouncements, certain broad propositions as to what may constitute a ground for transfer have been laid down by courts. They are balance of convenience or inconvenience to the plaintiff or the defendant or witness; convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; issues reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending; important questions of law involved or a considerable section of public interested in the litigation; “interest of for transfer of suit, appeal or other proceeding, etc. Above are some of the instances which are germane in considering the question of transfer of a suit, appeal or other proceeding. They are, however, illustrative in nature and by no means be treated as exhaustive. If on the above or other relevant considerations, the court feels that the plaintiff or the defendant is not likely to have a “fair trial” in the court from which he seeks to transfer a case, it is not only the power, but the duty of the court to make such order. ” justice” demanding [Emphasis Supplied] Page 3 of 4 // 4 // 8. Having heard the learned counsel for the petitioner, there being no appearance on behalf of the opposite party No.1 to controvert the submission of learned counsel for the petitioner, applying the principles laid down by the Hon’ble Supreme Court as noted above and in the interest of justice, this Court allows the prayer for transfer of the C. P. No.315 of 2022 pending before the learned Judge, Family Court, Jajpur to the court of learned Judge, Family Court, Kendrapara. 9. It is hoped that the parties shall cooperate in expeditious disposal of all the pending matters between them. 10. It should also be taken note of that there has been several Information and Communication Technology (ICT) initiatives to make it convenient for the parties to appear before the court through Video Conferencing. The learned courts shall explore the possibility of utilizing the ICT for convenience of the appearing parties and for expeditious disposal of pending litigation. Registry shall do well to intimate both the learned courts below for necessary action. The TRP(C) is allowed with the aforesaid order. Issue urgent certified copy as per rules. Copy of this order be uploaded. jyostna (M.S. Sahoo) Judge Page 4 of 4