TRP(C)/322/2025 of BHARATI KANDHA DORA@BHARATI DORA Vs JAGANNATH DORA on 21 July 2026

J U D G M E N T

------------------------------------------------------------------------------ Decided on 21st July, 2026 ------------------------------------------------------------------------------ MRUGANKA SEKHAR SAHOO, J.

1. None appears for the Opp. Party when the matter is called, though notice is sufficient since 30.10.2025. To grant opportunity to the Opp. Party the matter has been adjourned on 12.11.2025, 19.12.2025, 09.04.2026 and lastly on 14.05.2026 and 19.05.2026.

It is submitted by the learned counsel for the petitioner that despite having been given several opportunities, the Opp. Party has chosen not to appear.

2. The petitioner wife in the marriage by filing the present application U/s-24 of the Code of Civil Procedure seeks transfer of the MAT Case No.16 of 2025 filed by the Opp. Party-husband U/s13 of Hindu Marriage Act pending before the learned Family Judge, Bargarh to the Court of learned Family Judge, Bolangir.

3. Notices were served on the respondent through the Office of the learned Judge, Family Court, Bargarh, wherein the Opp. Party is appearing in the MAT case No.16 of 2026. Sufficiency of the notice has been noted by the Coordinate Bench by order dated 19.12.2025. Thereafter, the matter has been adjourned on 09.04.2026, 14.05.2026 and 19.05.2026, on every occasion the Opp. Party remaining absent.

4. In considered view of this Court, this Court has shown sufficient indulgence for the respondent to appear and have his say before this Court which the respondent has not responded/ignored. Having shown sufficient indulgence to the Opp. Party to appear and respond, the matter is taken up and finally heard as keeping the matter pending would cause injustice to the petitioner.

This is a fit case, where the petitioner cannot be made to wait after the petition was presented on 15.09.2025 and notices were served on the respondent on 18.11.2025 through the Office of the learned Judge, Family Court, Bargarh as has been reported by the letter of the learned Judge, Family Court, Bargarh dated 22.11.2025.

5. 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 : “23. Reading Sections 24 and 25 of the Code together and keeping in view various judicial 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 raised by the parties; 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 justice” demanding 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.”

[Emphasis Supplied]

6. In view of the discussions made above and applying the law enunciated by the Hon'ble Apex Court in Kulwinder Kaur (supra), the prayer made in the transfer application is allowed.

The MAT case No.16 of 2025 pending before the learned Family Court, Bargarh shall be transferred to the learned Family Court, Bolangir.

Upon transfer of the matter to the Court of the learned Judge, Family Court, Bolangir, the petitioner as well as the Opp. Party herein shall be noticed to appear for prosecuting the matter.

7. The parties should take note of the fact that there has been several Information and Communication Technology (ICT) initiatives by this Court throughout the State to make it convenient for the parties to appear before a Court through Video Conferencing. The learned court that would take up the proceeding shall explore the possibility of utilizing the ICT for convenience of the appearing parties and for expeditious disposal of pending litigation, upon application made by any of the parties seeking such facility.

8. Both the parties to the litigation are directed to cooperate in consideration and expeditious disposal of the matter.

9. The petition is allowed with the aforesaid directions.

Copy of this order shall be forwarded to the learned Judge, Family Court, Bargarh as well as the learned Judge, Family Court, Bolangir.

Mruganka Sekhar Sahoo Judge

Orissa High Court, Cuttack The 21st July, 2026/Rajesh Digitally Signed Signed by: RAJESH KUMAR BADHEI Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Jul-2026 16:16:28 Signature Not Verified