In N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, reported in
Case Details
Order No. 03. IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.62 of 2024 Smrutiprangya Chhotray …. Petitioner Mr. Brundaban Rout, Advocate -versus- Sunil Kumar Patra …. Opposite Party None CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 12.09.2025 This matter is taken up through hybrid mode. 2. Learned Counsel for the Opposite Party remained absent on call during the pre-recess session. Hence, learned Counsel for the Petitioner was requested to inform Mr. Cheera Ranjan Satapathy, learned Counsel for the Opposite Party to remain present during the post-recess session. 3. Learned Counsel for the Petitioner submits, he has already informed Mr. Satapathy, learned Counsel for the Opposite Party telephonically by calling him in his Mobile No.9337295158. Still, the Opposite Party goes unrepresented, when the matter is called second time during the post-recess session. 4. Hence, as prayed by learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal in absence of the learned Counsel for the Opposite Party. 5. This transfer petition has been filed under Section 24 of C.P.C., 1908, read with Section 10 of the Family Court’s Act, 1984 by the Petitioner-wife. A prayer has been made for transfer of C.P No.3 of 2024 filed by the Opposite Party- husband, pending in the Court of learned Judge, Family Court, Phulbani, to the Court of learned Judge, Family Court-I, Bhubaneswar on the grounds detailed in the transfer petition. 6. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner-wife is a deserted lady having no source of income and totally dependent on her father’s income and at present residing in a rented house at Bhubaneswar. 6.1 That apart, the distance from Bhubaneswar to the Court at Phulbani would be around 300 K.Ms. She being a deserted lady having no source of income, it would be difficult on her part to travel such a long distance alone to attend the day-to-day proceeding at Phulbani. There is also life threat from the side of the matrimonial house, if she attends the proceeding at Phulbani. 6.2 Further, at the instance of the Petitioner-wife, Crl. P No.47 of 2024 for maintenance is now pending in the Court of learned Judge, Family Court, Bhubaneswar in which, on being noticed, the present Opposite Party-husband, who is the Respondent before the Court below, has appeared in the said case and contesting. Trial has commenced in Crl. P No.47 of 2024 . 7. 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 or other proceeding. should demand the transfer of the suit, appeal 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, the their standard of marriage and 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 socio-economic the paradigm in the Indian society, generally, the wife’s convenience which must be looked at while considering transfer. prevailing life prior is to it two or more 10. Further, when 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. In view of the reasons detailed in the transfer petition, submission made by learned Counsel for the Petitioner so also settled position of law; this Court is inclined to allow the prayer made in the transfer petition. 9. Accordingly, the learned Judge, Family Court, Phulbani is directed to transmit the case record in C.P No.3 of 2024 to the Court of learned Judge, Family Court-I, Bhubaneswar at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 10. On receiving the case record in C.P No.3 of 2024 from the Court of learned Judge, Family Court, Phulbani, the learned Judge, Family Court-I, Bhubaneswar shall re- register the said case, if so required, and shall do well to try both the proceedings, i.e., C.P No.3 of 2024 so also Crl. P. No.47 of 2024, together and proceed further in accordance with law giving due opportunity to both the parties. 11. The learned Judge, Family Court-I, Bhubaneswar 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, if so prayed. 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-I, Bhubaneswar. 12. 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.3 of 2024 and attend the Court of the learned Judge, Family Court-I, Bhubaneswar. 13. Both the parties are further directed not to ask for unnecessary adjournments and cooperate with the Judge, Family Court-I, Bhubaneswar, who shall do well to conclude the proceeding in C.P No.3 of 2024 so also Crl. P. No.47 of 2024 at the earliest. 14. With the said observation and direction, the transfer petition stands disposed of. 15. Interim order dated 21.03.2024 passed in I.A. No.59 of 2024 stands vacated. 16. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Phulbani so also the learned Judge, Family Court-I, Bhubaneswar for compliance. 17. Urgent certified copy of this order be granted on proper application as per rules. Kanhu Judge (S.K. Mishra) Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 13-Sep-2025 14:46:37