The High Court
Case Details
Order No. 05. IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.61 of 2025 Sasmita Rana …. Petitioner Mr. S.R. Pati, Advocate Ramakanta Rana …. Opposite Party -versus- None CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 13.08.2025 This matter is taken up through hybrid mode. Learned Counsel for the Petitioner is present. Vide order dated 24.06.2025, followed by order dated 2. 3. 24.07.2025, notice on the Opposite Party was held to be sufficient. 4. However, to give further opportunity to the Opposite Party, the matter stood adjourned. Today also the Opposite Party goes unrepresented when the matter is called. Hence, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party. 5. This transfer petition has been filed by the Petitioner- wife for transfer of proceeding in C.P. No.314 of 2024, pending in the Court of learned Judge, Family Court, Jagatsinghpur, to the Court of learned Judge, Family Court, Jajpur on the grounds detailed in the transfer petition. 6. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, C.P. No.330 of 2024 at the instance of the Petitioner for divorce is now pending in the Court of learned Judge, Family Court, Jajpur. 7. He further submits, the Petitioner, after her desertion, is staying with her parents at Jajpur, which is around 119 K.M. away from Jagatsinghpur. She has a school going child, who is studying at Jajpur Road. If she is asked to appear before the Court at Jagatsinghpur, the education so also maintenance of her child will be seriously affected. After her desertion she is dependent on her parents for her so also maintenance of her child. 8. Learned Counsel for the Petitioner submits, at the instance of the Opposite Party-Husband, C.P. No.314 of 2024 filed for restitution of conjugal life is now pending in the Court of Judge, Family Court, Jagatsinghpur. As both the said C.Ps. involve common question of fact and law, C.P. No.330 of 2024, pending in Family Court, Jajpur and C.P. No.314 of 2024, pending in Family Court, Jagatsinghpur, need to be tried together at Jajpur to avoid conflicting judgments. 9. Law is well settled that while dealing with a transfer application regarding transfer of matrimonial proceedings, convenience of the wife must be looked at and proceedings involving common question of fact and law to be tried together. In (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), reported in 2022 SCC Online SC 1199, the Supreme Court observed as follows: “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 In the suit, appeal or other proceeding. 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 Page 2 of 4 to life prior the spouses and their behavioral pattern, their the marriage and standard of subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. 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) 10. In view of the reasons detailed in the transfer petition, submission made by the learned Counsel for the Petitioner and the settled position of law, the prayer made in the transfer petition is allowed. The learned Judge, Family Court, Jagatsinghpur is directed to transmit the case record in C.P. No.314 of 2024 to the Court of learned Judge, Family Court, Jajpur at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 11. On receiving the case record in C.P. No.314 of 2024 from the Court of learned Judge, Family Court, Jagatsinghpur, the learned Judge, Family Court, Jajpur shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 12. To avoid multiplicity of proceedings, both C.P. No.314 of 2024 and C.P. No.330 of 2024 be tried together. Page 3 of 4 13. The learned Judge, Family Court, Jajpur is requested to explore the facilities of video conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as 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 shall remain physically present before the learned Judge, Family Court, Jajpur. 14. To avoid delay, the parties are directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Jajpur, who shall do well to conclude the said proceeding at the earliest, preferably within a period of six months from the date of receipt of the record from the Court of Judge, Family Court, Jagatsinghpur. 15. With the said observation and direction, the transfer petition stands disposed of. 16. Interim order dated 24.06.2025 stands vacated. 17. Office is directed to communicate a copy of this order to the Court of Judge, Family Court, Jagatsinghpur so also to the Judge, Family Court, Jajpur for compliance. 18. Urgent certified copy of this order be granted on proper application as per rules. (S.K. MISHRA) JUDGE Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 14-Aug-2025 18:49:59 Page 4 of 4