The High Court
Case Details
Order No. 02. IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.108 of 2025 Rojalin Khatua …. Petitioner Mr. Priya Ranjan Singh, Advocate -versus- Sushil Kumar Khatua …. Opposite Party
Legal Reasoning
Mr. Bibhuti Satpathy, Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 25.06.2025 This matter is taken up through hybrid mode. 2. This Transfer Petition has been filed by the Petitioner- wife for transfer of proceeding in C.P. No.184 of 2025 filed by the Opposite Party-husband, now pending in the Court of Judge, Family Court, Cuttack to the Court of Judge, Family Court, Dhenkanal. Such a prayer has been made on the ground that the Petitioner-wife is residing along with her minor son and daughter at her parental house at Dhenkanal, which is more than 80 K.M. away from the Court of Judge, Family Court, Cuttack. She being a deserted lady having no independent source of income, it will be difficult on her part to appear before the Judge, Family Court, Cuttack in C.P. No.184 of 2025. 3. Heard learned Counsel for the parties. 4. Learned Counsel for the Petitioner, relying on the order passed by the Supreme Court in Sumita Singh Vs. Kumar Sanjay and another reported in AIR 2002 SC 396 Page 1 of 4 so also judgment in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha reported in 2022 SCC OnLine SC 1199 submits that law is well settled that wife’s convenience must be looked at while hearing an application for transfer of proceeding from one Court to other. 5. Per contra, learned Counsel for the Opposite Party- husband opposes to such prayer for transfer on the ground that his client is already paying interim maintenance to the Petitioner so also her children in terms of order passed in Crl. P. No.48 of 2022 by the Judge, Family Court, Dhenkanal. He further submits, the Opposite Party is serving as driver in the Vigilance Department and at present posted at Cuttack and it will be difficult on his part to attend the case in Dhenkanal, as he has to take leave to attend the said case in Dhenkanal, if the case is transferred. 6. Learned Counsel for the Opposite Party further submits, the Opposite Party is ready and willing to bear the expenses of the Petitioner in order to enable her to appear in C. P. No.184 of 2025. 7. It is pertinent to mention here that in N.C.V. Aishwarya (supra), 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 Page 2 of 4 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) 8. Admittedly, the Petitioner is a housewife and after her desertion, she is staying at village-Balarampur in the district of Dhenkanal with her children, whereas the Opposite Party is serving as a Driver in the Vigilance Department at Cuttack, which is around 50 K.M. away from Dhenkanal. The plea of taking leave on which dates his presence will be required by the Court is not acceptable as he has also to take leave on effective dates, even if the case is allowed to continue at Cuttack. That apart, as the the Opposite Party is ready and willing to bear the expenses of the Petitioner to ensure her court attendance in Cuttack , he himself can incur expenses for the purpose of attending the Court at Dhenkanal. 9. Hence, in view of the reasons detailed in the transfer petition so also submission made by learned Counsel for the Petitioner and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition. 10. The Judge, Family Court, Cuttack is directed to transmit the case record in C.P. No.184 of 2025 to the Court of Judge, Family Court, Dhenkanal at the earliest, preferably within a period of one week from the date of production of the certified copy of this order. 11. On receiving the case record in C.P. No.184 of 2025 from the Court of Judge, Family Court, Cuttack, the Judge, Page 3 of 4 Family Court Dhenkanal shall proceed further expeditiously in accordance with law, giving due opportunity to both the parties, and try to conclude the said proceeding at the earliest. 12. It is made clear that parties will be at liberty to appear before the Judge, Family Court, Dhenkanal 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. However, on the dates of effective hearing, i.e. for examination and cross- examination of witnesses, for which their presence may be required by the Court, if it is so ordered, the parties shall remain physically present before the Judge, Family Court, Dhenkanal. 13. To avoid delay, the parties, either in person or through their Counsels, 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. 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 Judge, Family Court, Cuttack so also the Judge, Family Court, Dhenkanal enabling the said Courts to act in terms of the observation made above. 16. Urgent certified copy of this order be granted as per rules. Kanhu Judge (S.K. Mishra) Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 26-Jun-2025 16:09:54 Page 4 of 4