Arundhati Sahoo vs Somadutta Sahoo

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

This transfer application has been filed by the wife of the opposite party for transfer of C.P. No. 172 of 2023 filed by him before the Judge, Family Court-I, Bhubaneswar under Sections 12(1)(a),1(b),1(c) read with Section 5(ii)(a)(b) of the Hindu Marriage Act, 1955. Transfer is sought for on the ground that the petitioner wife has been residing at Koraput with her parents. As such, it would be inconvenient as also difficult on her part to travel from Koraput to Bhubaneswar to attend the Court on the dates of posting of the case.

Mr. M.M. Pattnaik, learned counsel for the petitioner submits that looking at the inconvenience of the petitioner wife, the proceeding may be transferred from Bhubaneswar to Koraput.

Mr. A. Nayak, learned counsel appearing for the opposite party husband submits that both the parties are actually permanent residents of Bhuban and the opposite party is working at Bhubaneswar. It would be difficult on his part to travel from Bhubaneswar to Koraput. It is further submitted that hearing ofthe case has commenced by way of submission of affidavits. The witnesses are to be cross-examined.

Considering the above facts and particularly having regard to the fact that hearing of the case has already commenced, this Court finds no justification for directing transfer of the proceeding from Bhubaneswar to Koraput particularly when appearance of the parties through virtual mode is possible.

Under such circumstances, the transfer application is disposed of granting liberty to the petitioner wife to seek permission of the Court below to appear through virtual mode.

Further, the Court below shall not insist upon the personal attendance of the parties unless absolutely necessary.

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