ANIL KUMAR PODDAR vs MINATI NAIK

IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.317 of 2025
CNR No. ODHC010634462025


Anil Kumar Poddar ....... Petitioner

-Versus-
Minati Naik ....... Opposite Party


For Petitioner : Mr.A. S. Paul, Advocate

For Opposite Party : Ms. A. Dash, Advocate

----------------------------
CORAM: JUSTICE SANJAY KUMAR MISHRA
--------------------------------------------------------------------------
Date of Hearing & Judgment: 08.09.2026
--------------------------------------------------------------------------

S.K. MISHRA, J.

1. The present transfer petition has been preferred by
the Petitioner-husband, under Section 24 of the Code of
Civil Procedure, for transfer of the proceeding in CP Case
No.152 of 2025, pending in the Court of learned Judge,
Family Court, Baripada, Mayurbhanj, to the Court of
learned Judge, Family Court, Deogarh on the grounds
detailed in the transfer petition.
1 6
TRP(C) No.317 of 2025 Page of

2. Being noticed, though the Opposite Party-wife has
appeared in this case, no written objection has been filed
opposing to such prayer for transfer
3. However, on consent of the learned Counsel for the
parties, the transfer petition is taken up for hearing and
disposal at the stage of admission, permitting the learned
Counsel for the Opposite Party-wife to raise oral objections
to the prayer made in the transfer petition.
4. Heard learned Counsel for the parties.
5. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner-husband
submits, CP No.152 of 2025 is the third round litigation at
the instance of Opposite Party-wife for a decree of divorce.
Initially, she filed MAT Case No.07 of 2022 before the Court
of learned Judge, Family Court, Deogarh for divorce, which
was dismissed for non-prosecution. Subsequently, she filed
MAT Suit Case No.248 of 2024 for divorce before the Court
of learned Civil Judge (Senior Division), Rairangpur, which
was not entertained vide order dated 08.04.2025 by the
learned Court below due to lack of jurisdiction.
2 6
TRP(C) No.317 of 2025 Page of

5.1. Thereafter, the Opposite Party-wife, who is at
presently working as Sub-Inspector of Police at Rairangpur
Police Station, has intentionally filed the said case at
Baripada to harass the Petitioner, who is a disabled person
having more than 40% disability and is unable to travel
from Deogarh to Baripada to attend the day-to-day
proceeding in CP No.152 of 2025 at Baripada.
5.2. Hence, the Petitioner, being a resident of Deogarh
and being a disabled person, it would be convenient for him
to attend the day-to-day proceeding in CP No.152 of 2025
before the Court of learned Judge, Family Court, Deogarh.
6. Learned Counsel for the Opposite Party-wife admits
that her client is at presently serving as a Sub-Inspector of
Police at Rairangpur Police Station.
7. Learned Counsel for the Opposite Party-wife
submits, as per the instruction received, her client has no
objection to the prayer made by the Petitioner-husband for
transfer of proceeding in CP No.152 of 2025 to Deogarh.
8. In view of the submissions made by the learned
Counsel for the Petitioner-husband, pleadings on record,
the concession made by the learned Counsel for the
3 6
TRP(C) No.317 of 2025 Page of

Opposite Party-wife and the settled position of law, this
Court is inclined to allow the prayer made in the transfer
petition.
9. Accordingly, the learned Judge, Family Court,
Baripada is directed to transmit the case record in CP
No.152 of 2025 to the Court of learned Judge, Family Court,
Deogarh at the earliest, preferably within a period of seven
days from the date of production of certified copy of this
Judgment.
10. On receiving the case record in CP No.152 of 2025
from the learned Judge, Family Court, Baripada, the Court
of learned Judge, Family Court, Deogarh 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, preferably by end of March, 2027.
11. Since the Petitioner-husband is a person with
disability and the Opposite Party-wife is presently serving as
a Sub-Inspector of Police, and at present posted at
Rairangpur, both the parties will be at liberty to appear
before the Court of learned Judge, Family Court, Deogarh
4 6
TRP(C) No.317 of 2025 Page of

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, Deogarh 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,
including conciliation, 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, Deogarh.
12. 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,
Deogarh to ascertain the date and purpose of posting of CP
No.152 of 2025 and participate in the said proceeding.
13. Both the parties are further directed not to seek for
unnecessary adjournments and cooperate with the learned
5 6
TRP(C) No.317 of 2025 Page of

Judge, Family Court, Deogarh for early disposal of CP
No.152 of 2025, as directed above.
14. With the said observation and direction, the
transfer petition stands allowed and disposed of.
15. Office is directed to communicate a copy of this
Judgment to the Court of learned Judge, Family Court,
Baripada so also the Court of learned Judge, Family Court,
Deogarh enabling the said Courts to act in terms of the
observations made above.
16. Interim order dated 18.09.2025 passed in IA No.338
of 2025 stands vacated.
17. Urgent certified copy of this Judgment be granted
on proper application as per rules.


….………..……………
S.K. Mishra, J.




Orissa High Court, Kataka.
th
Dated,8 September, 2026/ Mona

Signature Not Verified
Digitally Signed
Signed by: MONALISA SWAIN
Reason: Authentication
Location: OHC
Date: 09-Sep-2026 17:46:19
6 6
TRP(C) No.317 of 2025 Page of