The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.77 of 2025 Subhasmita Swain @ Singh ….... Petitioner Biraj Kumar Singh ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Mrs. Susamarani Sahoo, Advocate For Opposite Party : Mrs. Ashwariya Dash, Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment: 20.08.2025 _____________________________________________________________ S.K. MISHRA, J. 1. Learned Counsel for Petitioner files the Mediation Report dated 18.07.2025 in the Court, wherein the learned Mediator has reported that the mediation became unsuccessful, which be kept on record. However, since the pleadings are complete, on consent of learned Counsel for the parties, the transfer petition is taken up for hearing and disposal at the stage of admission. Page 1 of 6 2. This transfer petition has been filed by the Petitioner- wife for transfer of C.P No.251 of 2023 filed by the Opposite Party- husband, pending in the Court of learned Judge, Family Court, Khurda, to the Court of learned Judge, Family Court, Cuttack on the grounds detailed in the transfer petition. 3. 4.
Legal Reasoning
Heard Learned Counsel for the parties. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, after her desertion, she is leading a miserable life and staying with her parents at Cuttack. She has no source of income to maintain her livelihood and is totally dependent on her parents. She being a deserted lady having a minor girl, who is around 8 years, it would be difficult on her part to attend the day-to-day proceeding at Khurda, by travelling a long distance from Cuttack to Khurda. She also reasonably apprehends her life to be in danger, if she appears in the proceeding pending before the learned Judge, Family Court, Khurda, as she has been threatened by the Opposite Party- husband and his relatives. 5. Opposite Party-husband has filed a Counter Affidavit opposing to such prayer for transfer. Learned Counsel for the Opposite Party, reiterating such objections submits, the Petitioner- wife has suppressed the fact that though the transfer petition was Page 2 of 6 presented on 07.03.2025, she was set ex-parte on 05.03.2025 in C.P. No.251 of 2023. Thereafter, the matter was posted to 12.03.2025 for argument. However, on 06.03.2025, the Petitioner filed a petition to advance the date so also another petition to set aside the ex-parte order dated 05.03.2025 and the case stood adjourned to 12.03.2025 for consideration of said petitions. She further states that the Petitioner-wife appeared before the learned Court below on 12.03.2025 and participated in the hearing. The learned Judge, Family Court, Khurda allowed the petition filed by the Petitioner-wife and set aside the ex-parte order dated 05.03.2025 and the matter stood posted to 17.03.2025. 6. Law is well settled that in matrimonial proceeding convenience of the wife must be looked at. In N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199, the Supreme Court held 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 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 behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their Page 3 of 6 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.” (Emphasis supplied) 7. After going through the pleadings on record so also
Legal Reasoning
taking note of the contentions 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. 8. Accordingly, the learned Judge, Family Court, Khurda is directed to transmit the case record in C.P No.251 of 2023 to the Court of learned Judge, Family Court, Cuttack at the earliest, preferably within a period of one week from the date of production of certified copy of this judgment. 9. On receiving the case record in C.P No.251 of 2023 from the Court of learned Judge, Family Court, Khurda, 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. 10. For convenience of the parties, the Court of learned Judge, Family Court, Cuttack is requested to explore the facilities of Video Conferencing available in the said Court and permit the Page 4 of 6 parties to appear before it 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 Court of learned Judge, Family Court, Cuttack. 11. To avoid delay and notice, the parties are directed to make a query themselves or through their Counsel regarding the date and purpose of posting of C.P No.251 of 2023 and attend the Court of learned Judge, Family Court, Cuttack. Both the parties are further directed not to ask for unnecessary adjournments and cooperate with the Court of learned Judge, Family Court, Cuttack, who shall do well to conclude the proceeding in C.P No.251 of 2023 at the earliest, preferably within a period of six months from the date of receipt of the record from the Court of learned Judge, Family Court, Khurda. 12. With the said observation and direction, the transfer
Decision
petition stands disposed of. 13. Interim order dated 17.03.2025 passed in I.A. No.68 of 2025 stands vacated. Page 5 of 6 14. Office is directed to communicate a copy of this judgment to the Court of learned Judge, Family Court, Khurda so also the learned Judge, Family Court, Cuttack for compliance. 15. Urgent certified copy of this judgment be granted on proper application as per rules. …….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, 20th August, 2025/ Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 21-Aug-2025 19:09:11 Page 6 of 6