PURNIMA BAIYARI vs MANOJ KUMAR DAS

IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.179 of 2026

CNR No. ODHC010399902026


Purnima Baiyari ....... Petitioner

-Versus-
Manoj Kumar Das ....... Opposite Party


For Petitioner : Ms. S. Sunandini, Advocate

For Opposite Party : None

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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 16.10.2026
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S.K. MISHRA, J.
1. 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 CP No.77 of
2026, pending in the Court of learned Judge, Family Court,
Bhadrak, to the Court of learned Judge, Family Court,
Cuttack on the grounds detailed therein.
2. Though notice was issued to the Opposite Party-
husband by Speed Post with A.D., who is the Petitioner in
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CP No.77 of 2026, and the same was duly received by his
father, he did not bother to appear in the present
proceeding.
2.1. Hence, to give him further opportunity, as directed
by this Court, the order dated 27.08.2026 was served on his
Counsel, namely, Sri Kailash Chandra Behuria, who is
representing him in CP No.77 of 2026, as reported by the
learned Judge, Family Court, Bhadrak vide his Letter
No.368 dated 09.09.2026. Still, the Opposite Party goes
unpresented when the matter is called. Hence the transfer
petition is taken up for hearing and disposal in absence of
the Opposite party.
3. Heard learned Counsel for the Petitioner.
4. In view of the reasons detailed in the transfer
petition and the settled position of law, the prayer made in
the transfer petition is allowed.
5. Accordingly, the learned Judge, Family Court,
Bhadrak is directed to transmit the case record in C.P.
No.77 of 2026 to the Court of learned Judge, Family Court,
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Cuttack at the earliest, preferably within a period of seven
days from the date of production of certified copy of this
order.
6. On receiving the case record in C.P. No.77 of 2026
from the Court of learned Judge, Family Court, Bhadrak,
the learned Judge, Family Court, Cuttack 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.
7. It is made clear that both the parties will be at
liberty to appear before the Court of learned Judge, Family
Court, Cuttack 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, Cuttack 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
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under the “High Court of Orissa and District Courts Use of
Electronic Communication and Audio-Video Electronic
Means Rules, 2025”.
8. 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,
Cuttack.
9. 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,
Cuttack to ascertain the date and purpose of posting of C.P.
No.77 of 2026 and participate in the said proceeding.
10. Both the parties are further directed not to seek for
unnecessary adjournments and cooperate with the learned
Judge, Family Court, Cuttack for early disposal of CP No.77
of 2026.
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11. With the said observation and direction, the
transfer petition stands allowed and disposed of.
12. Office is directed to communicate a copy of this
Judgment to the Court of learned Judge Family Court,
Bhadrak so also the Court of learned Judge, Family Court,
Cuttack enabling the said Courts to act in terms of the
observations made above.
13. Interim order dated 22.07.2026 passed in I.A.
No.187 of 2026 stands vacated. The said I.A. stands
disposed of accordingly.
Urgent certified copy of this Judgment be granted
on proper application as per rules.


….………..……………
S.K. Mishra, J.




Orissa High Court, Cuttack .
h
Dated, 16 October, 2026/ Mona
Signature Not Verified
Digitally Signed
Signed by: MONALISA SWAIN
Reason: Authentication
Location: OHC
Date: 17-Oct-2026 13:36:49
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