The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C). No.5 of 2023 Diptimayee Mohapatra ....... Petitioner Keshaba Kumar Pati ....... Opposite Party -Versus- For Petitioner : Mr. A.K. Das, Advocate For Opposite Party : Mr. M. Mishra, Advocate ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA ------------------------------------------------------------------------------------- Date of Hearing & Judgment: 08.07.2025 -------------------------------------------------------------------------------------- S.K. MISHRA, J. This transfer petition has been filed by the Petitioner-wife for transfer of proceeding in C.P. No.78 of 2022 filed by the Opposite Party-husband for divorce, pending in the Court of Judge, Family Court, Kendrapara to the Court of Judge, Family Court, Dhenkanal. Such a prayer has been made basically on the grounds that the Petitioner is a deserted lady and now staying with her old ailing mother after the death of her father. The distance from her native place to Kendrapara would be around 200 Kms for which, it would be difficult on her part to attend the Court at Kendrapara on each date. She being a deserted lady, her financial condition is very poor and she is not in a position to TRP(C) No.5 of 2023 Page 1 of 7 travel with her mother to attend the Court at Kendrapara and return to Dhenkanal on the same day. 2. Apart from that, other proceedings, i.e. CRP No.203 of 2022 filed by the Petitioner under Section 125 Cr.P.C. before the Judge, Family Court, Dhenkanal, wherein the Opposite Party has appeared and G.R. Case No.516 of 2022, arising out of Gondia, P.S. Case No.303 of 2022 before the JMFC, Gondia, in the district of Dhenkanal are now pending. The Opposite Party- husband and her in-laws are the accused persons in G.R. Case No.516 of 2022 and they have to face the trial at Gondia. 3. A Counter has been filed by the Opposite Party-husband opposing to such prayer for transfer on the ground that he is having old ailing parents and nobody is there to look after them and it would be difficult on his part to attend the case at Dhenkanal. It has been stated in the Counter that the Opposite Party was threatened by the Petitioner, when she left the house of the Opposite Party for which, police protection would be required to appear in the said case at Dhenkanal. 4. Reiterating the grounds detailed in the transfer petition, learned Counsel for the Petitioner submits, as per the settled position of law, so far as transfer of matrimonial proceedings are concerned, the convenience of the wife is the paramount consideration. To substantiate his submission, he relies on the TRP(C) No.5 of 2023 Page 2 of 7 Judgment of the Supreme Court reported in 2022 SCC OnLine SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha). 5. Learned Counsel for the Petitioner further submits, though, at the time of filing of this transfer petition CRP No.203 of 2022 was pending before the Court of Family Judge, Dhenkanal, as per the instruction received from the Petitioner,
Decision
CRP No.203 of 2022 was disposed of on 13.01.2025 and now the Petitioner has initiated an execution proceeding for execution of the order passed in CRP No.203 of 2022, which is now pending before the Judge, Family Court, Dhenkanal. In the said execution proceeding, the present Opposite Party is yet to appear. Rather, if C.P. No.78 of 2022 is transferred to the Court of Judge, Family Court, Dhenkanal, where the execution proceeding is pending, it would be convenient for the Opposite Party-husband to appear in both the said cases and he may request the concerned Court to post both the said cases to a same date enabling him to appear in one date instead of travelling to Dhenkanal on different dates. 6. Per contra, learned Counsel for the Opposite Party submits, since both the Petitioner-wife so also Opposite Party- husband have allegation and counter allegation of life threat, the case may be transferred to Cuttack, which would be convenient TRP(C) No.5 of 2023 Page 3 of 7 for both the parties to attend the proceeding in C.P. No.78 of 2022 before the Court of Judge, Family Court, Cuttack. 7. At this juncture, it would be apt to deal with the Judgment of the Supreme Court reported in 2022 SCC OnLine SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), wherein it is held as follows:- “8. It is not disputed that the appellant is the resident of Chennai and that the appellant’s husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood. In order to attend the court proceedings of the case filed by her husband at Vellore she has to travel alone all the way from Chennai to Vellore as her parents are not in a position to accompany her on account of their old age. Secondly, the appellant has also filed a petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights and another petition, M.C. Sr. No.672 of 2021, for her maintenance before the Family Court at Chennai. 9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioral pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out livelihood and under whose protective umbrella they are seeking their their TRP(C) No.5 of 2023 Page 4 of 7 sustenance to life. Given the prevailing socioeconomic paradigm Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. the in 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” (Emphasis supplied) 8. Hence, taking into consideration the grounds urged in the transfer petition so also the submission made by the learned Counsel for the parties and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition. 9. The Judge, Family Court, Kendrapara is directed to transmit the case record in CP No.78 of 2022 to the Court of Judge, Family Court, Dhenkanal at the earliest, preferably within a period of seven days from the date of production of certified copy of this order. 10. On receiving the case record in CP No.78 of 2022 from the Judge, Family Court, Kendrapara, the Court of Judge, Family Court, Dhenkanal shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 11. It is made clear that both the parties will be at liberty to appear before the Judge, Family Court, Dhenkanal through TRP(C) No.5 of 2023 Page 5 of 7 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 Judge, Family Court, Dhenkanal is requested to explore the facilities of video conferencing available in the said Court and allow the parties to appear through video conferencing 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 shall remain physically present before the Judge, Family Court, Dhenkanal. 12. After transfer of proceeding, to avoid delay and notice, both the parties, either in person or through their Counsel, shall make a query with the Court of Judge, Family Court, Dhenkanal to ascertain the date and purpose of posting and participate in the said proceeding. 13. Since the case is of the year 2022, the Judge, Family Court, Dhenkanal shall do well to dispose of the said case at the earliest, preferably within a period of six months from the date of receipt of record from the Court of Judge, Family Court, Kendrapara. The parties are directed not to seek for unnecessary TRP(C) No.5 of 2023 Page 6 of 7 adjournments and cooperate with the said Court for early disposal of C.P. No.78 of 2022. 14. With the said observation and direction, the transfer petition stands disposed of. 15. Office is directed to communicate a copy of this order to the Court of Judge, Family Court, Kendrapara so also the Court of Judge, Family Court, Dhenkanal enabling the said Courts to act in terms of the observation made above. 16. Interim order dated 09.01.2023 passed in I.A. No.06 of 2023 stands vacated. 17. Urgent certified copy of this order be granted on proper application as per rules. ….…….…………… S.K. Mishra, J. Orissa High Court, Cuttack. Dated, 8th July, 2025/ Mona Signature Not Verified Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High COurt of Orissa Date: 11-Jul-2025 19:36:13 TRP(C) No.5 of 2023 Page 7 of 7