The High Court
Case Details
Order No. 05. IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.117 of 2025 Rojalin Malik …. Petitioner Mr. B. Mohanty, Adv. Maheswar Malik …. Opposite Party -versus- CORAM: JUSTICE SANJAY KUMAR MISHRA None
Decision
ORDER 03.09.2025 This matter is taken up through hybrid mode. Learned Counsel for the Petitioner is present. As per the office note, notice on the sole Opposite 2. 3. Party completed on 11.08.2025. However, the Opposite Party goes unrepresented when the matter is called. 4. Hence, as prayed by the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party-husband. 5. Heard learned Counsel for the Petitioner. 6. The present transfer petition has been filed by the Petitioner-wife for transfer of proceeding in CP No.57 of 2025 from the Court of learned Judge, Family Court, Kendrapara to the Court of learned Judge, Family Court, Jagatsinghpur on the grounds detailed therein. 7. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, at the instance of the Petitioner, DV Misc. Case No.12 of 2021 has been filed under Section 12 of the PWDV Act before the learned S.D.J.M., Jagatsinghpur against the present Opposite Party-husband. Similarly, the Petitioner has filed CP No.313 of 2023 under Section 13 of Hindu Marriage Act, 1955 against the Opposite Party-husband for dissolution of marriage before the learned Judge, Family Court, Jagatsinghpur. In both the said cases, the present Opposite Party-husband has appeared and contested the said case. DV Misc. Case No.12 of 2021 is still pending before the learned SDJM, Jagatsingpur. In CP No.313 of 2023, the Opposite Party-husband, though appeared, but subsequently did not appear to contest the case. Hence, the said proceeding has been concluded ex-parte against the Opposite Party-husband in the meantime. 8. He further submits, the family members of the Opposite Party husband are renowned persons in the locality of Ambura and having strong political background threatening the Petitioner and her parents with dire consequences. The Petitioner is residing at present at Arada in the District of Jagatsighnpur, which comes under the territorial jurisdiction of learned Judge, Family Court, Jagatsinghpur. It would not be feasible on her part to attend the proceeding on each date at Kendrapara by travelling from Arada, Jagatsingpur. That apart, there is a threat to her life as the Opposite Party is an antisocial, associated with hired gundas and always threatening the Petitioner and her parents of dire consequences. 9. Though there is no such averments in the transfer petition, learned Counsel for the Petitioner submits, as per the latest instruction received from the Petitioner, the Opposite Party husband has already filed an application for Page 2 of 5 setting aside the ex-parte judgment passed in CP No.313 of 2023, which is now pending for consideration before the learned Judge, Family Court, Jagatsingpur. 10. Law is well settled that, while dealing with transfer petitions in matrimonial cases, 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 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 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) Page 3 of 5 11. 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, Kendrapara is directed to transmit the case record in C.P. No.57 of 2025 to the Court of learned Judge, Family Court, Jagatsinghpur at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 12. On receiving the case record in C.P. No.57 of 2025 from the Court of learned Judge, Family Court, Kendrapara, the learned Judge, Family Court, Jagatsinghpur shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 13. If the submission made by the learned Counsel for the Petitioner with regard to pendency of application for setting aside the ex-parte judgement in C.P. No.313 of 2023 is found to be correct and in the event such an application is allowed, to avoid multiplicity of proceedings and conflicting judgements, both C.P. No.57 of 2025 and C.P. No.313 of 2023 be tried together. 14. The learned Judge, Family Court, Jagatsinghpur 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- Page 4 of 5 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, Jagatsinghpur. 15. To avoid delay, the parties are directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Jagatsinghpur, who shall do well to conclude the said proceeding at the earliest 16. With the said observation and direction, the transfer petition stands disposed of. 17. Office is directed to communicate a copy of this order to the Court of Judge, Family Court, Kendrapara so also the learned Judge, Family Court, Jagatsinghpur for compliance. 18. Urgent certified copy of this order be granted on proper application as per rules. (S. K. MISHRA) JUDGE Mona Signature Not Verified Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2025 19:59:51 Page 5 of 5