The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.158 of 2023 Rashmita Choudhury ….... Petitioner Ramiya Ranjan Dash ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Mr. S. Kanhar, Advocate For Opposite Party
Legal Reasoning
: Mr. S.K. Nayak, Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment: 23.07.2025 _____________________________________________________________ S.K. MISHRA, J. 1. This transfer petition has been filed by the Petitioner- wife for transfer of C.P No.09 of 2023 filed by the Opposite Party- husband, pending in the Court of Judge, Family Court, Sambalpur, to the Court of Judge, Family Court, Berhampur, Ganjam on the grounds detailed in the transfer petition. 2. 3. Heard Learned Counsel for the parties. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, after her Page 1 of 6 desertion, she is leading a miserable life and staying with her parents at Village-Penthapalli, P.O.-Dura, P.S.-Gopalpur in the district of Ganjam, which comes under the territorial jurisdiction of Judge, Family Court, Berhampur. He further submits, at the instance of the Petitioner-wife, at present, three proceedings are pending in various Courts at Berhampur. She has filed M.C. No.29 of 2023 (D.V.) and lodged an FIR before the Berhampur Mahila P.S. Both the said cases are now pending before the Court of Judicial Magistrate First Class (Rural) Cog. Taking, Berhampur. Criminal Proceeding No.71 of 2023 for maintenance is now pending before the Judge, Family Court, Berhampur. If the proceeding in C.P. No.09 of 2023 is transferred to the Judge, Family Court, Berhampur, both the said cases can be heard and disposed of together. He further submits, even if an application has been filed under Section 125 Cr.P.C. for maintenance, till date no order could be passed in the said case because of the non- cooperation of the Opposite Party-husband in the said case. Because of her poor financial condition, she is unable to travel from her native place, i.e., Village-Penthapalli, to the Court at Sambalpur to attend the proceeding in C.P. No.09 of 2023 on each and every day. Accordingly, he prays for transfer of the said proceeding to the Court of Judge, Family Court, Berhampur. Page 2 of 6 4. Though no written objection has been filed opposing to the prayer for transfer, per contra, learned Counsel for the Opposite Party-husband submits, the Opposite Party, being a software engineer, is at present serving somewhere in U.S.A. . If the proceeding is transferred to the Court of Judge, Family Court, Berhampur there is a life threat to his client. Rather the said case should be transferred to a neutral place in between Sambalpur and Berhampur. 5. 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 livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, Page 3 of 6 generally, it is the wife’s convenience which must be looked at while considering transfer.” (Emphasis supplied) 6. However, after going through the pleadings made in the transfer petition so also taking note of the contentions of 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. 7. The Judge, Family Court, Sambalpur is directed to transmit the case record in C.P No.09 of 2023 to the Court of Judge, Family Court, Berhampur at the earliest, preferably within a period of one week from the date of production of certified copy of this judgment. 8. On receiving the case record in C.P No.09 of 2023 from the Court of Judge, Family Court, Sambalpur, the Judge, Family Court, Berhampur shall re-register the said case, if so required, and shall do well to try both the proceedings, i.e., C.P No.09 of 2023 so also Criminal Proceeding No.71 of 2023, together and proceed further in accordance with law giving due opportunity to both the parties. 9. As the Opposite Party-husband is allegedly serving in United States of America, for convenience of the parties, the Judge, Family Court, Berhampur is requested to explore the Page 4 of 6 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- 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 Judge, Family Court, Berhampur. 10. 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.09 of 2023 and attend the Court of the Judge, Family Court at Berhampur. Both the parties are further directed not to ask for unnecessary adjournments and cooperate with the Judge, Family Court, Berhampur, who shall do well to conclude the proceeding in C.P No.09 of 2023 so also Criminal Proceeding No.71 of 2023 at the earliest, preferably within a period of six months from the date of receipt of the record from the Court of Judge, Family Court, Sambalpur. 11. With the said observation and direction, the transfer
Decision
petition stands disposed of. Page 5 of 6 12. Interim order dated 12.10.2023 passed in I.A. No.175 of 2023 stands vacated. 13. Office is directed to communicate a copy of this judgment to the Court of Judge, Family Court, Sambalpur so also the Judge, Family Court, Berhampur for compliance. 14. Urgent certified copy of this judgment be granted on proper application as per rules. …….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, 23rd July, 2025/ Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 25-Jul-2025 17:35:36 Page 6 of 6