The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.85 of 2025 Subhalaxmi Pradhan ....... Petitioner -Versus- Kumar Avinash ....... Opposite Party Advocate for the parties For Petitioner : Mr. Md. Fayaz, Advocate For Opposite Party
Legal Reasoning
: Mr. D. Mishra, Advocate ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA ------------------------------------------------------------------------------------- Date of Hearing & Judgment: 17.10.2025 -------------------------------------------------------------------------------------- S.K. MISHRA, J. This transfer petition has been filed under Section 24 of the Code of Civil Procedure for transfer of the proceeding in CP No.138 of 2024, pending in the Court of learned Judge, Family Court, Dhenkanal to the Court of learned Judge, Family Court, Sambalpur on the grounds detailed therein. 2. Though the Opposite Party-husband has appeared, no written objection has been filed till date opposing to the prayer made in the transfer petition. 3. However, on consent of the learned Counsel for the parties, the matter is taken up for the hearing and final TRP(C) No.85 of 2025 Page 1 of 6 disposal, permitting the learned Counsel for the Opposite Party to raise his oral objections to the prayer made in the transfer petition. 4. 5. Heard learned Counsel for the parties. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, after her desertion, the Petitioner is residing with her aged parents at Sambalpur. The distance from Sambalpur to Dhenkanal (to & fro) is more than 400 Kilometers. That apart, she is having a minor child of eight years old, whom she is taking care of. It would be difficult on her part to attend the day to day proceedings in CP No.138 of 2024 at Dhenkanal. 6. That apart, the Petitioner has a life threat, if she appears before the Court of learned Judge, Family Court, Dhenkanal. She is an unemployed person having no source of income and is dependent on her parents for her so also livelihood her minor child. Her minor child is also pursuing his education at Sambalpur, which further complicates her ability to attend proceedings at Dhenkanal. It would also be difficult on her part to travel and prosecute the case effectively at Dhenkanal. TRP(C) No.85 of 2025 Page 2 of 6 7. Per contra, learned Counsel for the Opposite Party- husband submits, if the Petitioner is having any difficulty to appear physically before the Court of learned Judge, family Court Sambalpur, she can very well move an appropriate application before the concerned Court to permit her to appear so also to depose through virtual mode. That apart the Opposite Party husband has to take care of his old ailing mother, who is suffering from various old age ailments. 8. Law is well settled that while considering application for transfer of matrimonial proceedings, convenience of wife must be looked at. In the case of (N.C. V. Aishwarya Vs. A.S. Saravana Karthik Sha), reported in 2022 SCC Online SC 1199, the Supreme Court held as follow: “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 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 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.” (Emphasis supplied) TRP(C) No.85 of 2025 Page 3 of 6 9. Taking note of the submissions made by the learned Counsel for the parties so also the settled position of law, this Court is inclined to allow the prayer made in the transfer petition for transfer of proceeding in CP No.138 of 2024, pending in the Court of learned Judge, Family Court, Dhenkanal to the Court of learned Judge, Family Court, Sambalpur. 10. Accordingly, the learned Judge, Family Court, Dhenkanal is directed to transmit the case record in CP No.138 of 2024 to the Court of learned Judge, Family Court, Sambalpur at the earliest, preferably within a period of seven days from the date of production of certified copy of this Judgment. 11. On receiving the case record in CP No.138 of 2024 from the learned Judge, Family Court, Dhenkanal, the Court of learned Judge, Family Court, Sambalpur shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest, preferably within a period of six months from the date of receipt of case record in CP No.138 of 2024. TRP(C) No.85 of 2025 Page 4 of 6 12. It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Sambalpur through 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 learned Judge, Family Court, Sambalpur is requested to explore the facility of video conferencing available in the said Court and allow the parties to appear through video conferencing mode 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, if any, shall remain physically present before the learned Judge, Family Court, Sambalpur. 13. To avoid delay and notice, both the parties are directed to make a query themselves or through their Counsel from the Court of learned Judge, Family Court, Sambalpur to ascertain the date and purpose of posting of CP No.138 of 2024 and participate in the said proceeding. 14. Both the parties are further directed not to seek for unnecessary adjournments and cooperate with the learned TRP(C) No.85 of 2025 Page 5 of 6 Judge, Family Court, Sambalpur for early disposal of CP No.138 of 2024. 15. With the said observation and direction, the transfer
Decision
petition stands allowed and disposed of. 16. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Dhenkanal so also the Court of learned Judge, Family Court, Sambalpur enabling the said Courts to act in terms of the observation made above. 17. Interim order dated 25.03.2025 passed in I.A. No.82 of 2025 stands vacated. 18. Urgent certified copy of this Judgment be granted on proper application as per rules. ….…….…………… S.K. Mishra, J. Orissa High Court, Cuttack. Dated, 17th October, 2025/ Mona Signature Not Verified Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orissa Date: 18-Oct-2025 12:22:26 TRP(C) No.85 of 2025 Page 6 of 6