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ORISSA HIGH COURT
DEBASIS MALLICK – Appellant
Versus
SUJATA ANJALI MALLICK – Respondent
| Table of Content |
|---|
| 1. virtual appearance permission (Para 1 , 17) |
| 2. order recall and procedure for notice (Para 2 , 4 , 5 , 6) |
| 3. disposal process for ex-parte judgment (Para 11 , 14) |
| 4. competence of family court post transfer order (Para 12 , 13) |
| 5. disposition of the interim application (Para 19 , 20 , 21) |
ORDER :
SANJAY KUMAR MISHRA, J.
I.A. No.23292 of 2025
This matter is taken up through hybrid mode.
2. Though this is a disposed of writ petition, this I.A. has been filed by the Opposite Party-Wife to recall the order dated 26.11.2025 and direct the learned Judge, Family Court, Cuttack to act in terms of order dated 03.03.2021 passed by this Court in TRP(C) No.8 of 2020 and to send the record in C.P. No.660 of 2019, along with CMA No.65 of 2021, to the Court of learned Judge, Family Court, Rourkela.
3. An objection has been filed by the Writ Petitioner to the said I.A. detailing therein the reasons to oppose such prayer made in the I.A.
4. A stand has been taken in the said Objection that neither the Writ Petitioner was noticed in TRP(C) No.8 of 2020 nor he has appeared in the said case as has been recorded in the said order dated 03.03.2021 passed in TRP(C) No.8 of 2020 and he had no know
Effective notification and compliance in legal procedures are essential to ensure fairness and prevent ex-parte judgments.
Interim orders may merge with final orders unless expressly modified; recorded courtroom observations are sacrosanct and can be challenged for expungement in the appropriate court.
Counsel's negligence should not prejudice a party's claim; procedural flaws and lack of proper representation justify setting aside dismissal orders.
A plaintiff who has filed a pursis to unconditionally withdraw a suit has no right to challenge an impugned order related to the suit.
In matrimonial cases, the convenience of the wife and the ends of justice are paramount when considering transfer requests under Section 24 of the CPC.
Ex-parte judgments in matrimonial cases must comply with procedural rules, including framing issues and evaluating evidence; failure to do so results in setting aside the decree.
In matrimonial matters, the convenience of the wife is crucial for transfer petitions and related proceedings involving common questions of fact and law should be consolidated.
The convenience of the wife is paramount in matrimonial cases, necessitating the transfer of proceedings to ensure cohesive judicial handling of interrelated family matters.
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