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Judgment
S.K. Mishra, J.
The present transfer petition has been preferred by the Petitioner-wife under Section 24 of the Code of Civil Procedure for transfer of the proceeding in C.P. No.485 of 2026, pending in the Court of learned Judge Family Court-II, Bhubaneswar to the Court of learned Judge, Family Court, Angul on the grounds detailed in the transfer petition.
Learned Counsel for the Petitioner submits, in view of the grounds urged in the transfer petition so also settled position of law, direction be given to the learned Judge Family Court-II, Bhubaneswar for transfer of C.P. Case No.485 of 2026 to the Court of learned Judge, Family Court, Angul.
Though the Opposite Party-husband has appeared suo motu in the present proceeding to oppose the prayer for transfer, on being asked, Mr. Panda, learned Counsel for the Opposite Party submits, as per the instruction received, his client has no objection to the prayer made in the transfer petition. He further submits, since his client is running a Coaching Centre at Bhubaneswar, it would be difficult on his part to travel to Angul, which is around 150 K.Ms from Bhubaneswar, to attend the day to day proceeding at Angul. Accordingly, he prays to permit his client to appear through virtual mode, if he faces any difficulty on any date to remain physically present before the Court of learned Judge, Family Court, Angul.
In view of the submissions made by the learned Counsel for the Petitioner, pleadings made in the transfer petition and the concession made by the learned Counsel for the Opposite Party-husband, this Court is inclined to allow the prayer made in the transfer petition.
Accordingly, the learned Judge, Family Court-II, Bhubaneswar is directed to transmit the case record in C.P. No.485 of 2026 to the Court of learned Judge, Family Court, Angul at the earliest, preferably within a period of seven days from the date of production of certified copy of this Judgment.
On receiving the case record in C.P. No.485 of 2026 from the Court of learned Judge, Family Court-II, Bhubaneswar, the Court of learned Judge, Family Court, Angul shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest.
It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Angul through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court. The learned Judge, Family Court, Angul is requested to explore the facility of video conferencing available in the said Court and allow the parties to appear through video conferencing mode following the guidelines 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 so also their witnesses, if any, shall remain physically present before the learned Judge, Family Court, Angul.
To avoid delay and notice, both the parties are directed to make a query themselves or through their Counsel from the Court of learned Judge, Family Court, Angul to ascertain the date and purpose of posting of C.P. No.485 of 2026 and participate in the said proceeding.
Both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Angul for early disposal of C.P. No.485 of 2026, as directed above.
With the said observation and direction, the transfer petition stands allowed and disposed of.
Office is directed to communicate a copy of this Judgment to the Court of learned Judge Family Court-II, Bhubaneswar so also the Court of learned Judge, Family Court, Angul enabling the said Courts to act in terms of the observations made above.
Urgent certified copy of this Judgment be granted on proper application as per rules.