The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.142 of 2025 (An application under Section 24 & 151 of the Code of Civil Procedure, 1908) Nibedita Nayak ….... Petitioner Kishan Kumar Khadiratna ....... Opposite Party -Versus- Advocate for the parties For Petitioner For Opposite Party
Legal Reasoning
: Mr. A.R. Swain, Advocate : Mr. B.C. Sahu, Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment: 25.11.2025 _____________________________________________________________ S.K. MISHRA, J. 1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.17 of 2025 from the Court of learned Judge, Family Court, Deogarh, to the Court of learned Civil Judge, (Senior Division), Anandapur on the grounds detailed in the Transfer Petition. Page 1 of 6 2. The Opposite Party-husband has already filed an Objection/Counter opposing to such prayer for transfer. 3. Since pleadings are complete, on consent of learned Counsel for the parties, the matter is taken up for hearing and disposal at the stage of admission. 4. Heard learned counsel for the parties. 5. Learned Counsel for the Petitioner, reiterating the grounds urged in the transfer petition, submits that the Petitioner is a deserted lady. After her desertion, having no income, she is dependent on her old father and staying with him at village Alati, PS: Ramachandrapur in the district of Keonjhar. The distance from Village-Alati to the Court of learned Judge, Family Court, Deogarh would be around 250 K.M. It would be difficult on her part to attend the day to day proceeding at Deogarh by travelling such a long distance. That apart, there is no male member in the family to accompany her to attend the proceeding at Deogarh. Also, there is a life threat, if she is required to appear before the Court at Deogarh in C.P. No.17 of 2025. The Petitioner has also lodged an F.I.R. against the Opposite Party-husband at Ramachandrapur Police station, which has been registered as G.R. Case No.191 of 2025 and the said case is pending before the Court of learned NGN, Ghasipura. Page 2 of 6 6. Per contra, learned Counsel for the Opposite Party- Husband submits, the allegation of life threat is false and baseless. That apart, if the Petitioner has any difficulty, she can approach the learned Judge, Family Court, Deogarh to permit her to appear through virtual mode. He further submits, the Court at Anandapur would be around 206 K.M. away from the residence of Opposite Party-Husband, who is running a medicine shop at Deogarh. That apart, since his father is a practicing lawyer of Deogarh Bar, he would be getting free legal service if the proceeding is allowed to continue at Deogarh. If the proceeding is transferred to Anandapur, he has to bear the legal expenditure to defend his case at Anandapur. He further submits, there is no Family Court at Anandapur. Rather, there is Family Court at Keonjhar. If the proceeding is transferred to Keonjhar, it would be convenient for both the parties. 7. So far as submission of learned Counsel for the Opposite Party that transfer of proceeding to learned Judge, Family Court, Keonjhar would be convenient for the parties, this Court is of the view that since the Petitioner is a deserted lady having no income and is dependent on her old ailing father and staying with him at village Alati, it would cause immense hardship to her, if the Page 3 of 6 proceeding is transferred to Keonjhar, as suggested by the learned Counsel for the Opposite-Party-husband. 8. Law is well settled that, while dealing with the application for transfer of matrimonial proceedings, the Court has to examine various factors and the most important factor is convenience of wife. 9. At this juncture, it would be apt to deal with the Judgment of the Supreme Court reported in 2022 SCC Online SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), wherein it was 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 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 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 socioeconomic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. (Emphasis Supplied) 10. In view of the reasons detailed in the transfer petition so also submissions made by the learned Counsel for the parties Page 4 of 6 and the settled position of law, the prayer made in the transfer petition is allowed. The learned Judge, Family Court, Deogarh is directed to transmit the case record in C.P. No.17 of 2025 to the Court of learned Civil Judge (Sr. Division), Anandapur at the earliest, preferably within a period of one week from the date of production of certified copy of this Judgment. 11. On receiving the case record in C.P. No.17 of 2025 from the Court of learned Judge, Family Court, Deogarh, the learned Civil Judge (Sr. Division), Anandapur shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 12. The learned Civil Judge (Sr. Division), Anandapur is requested to explore the facilities of Video Conferencing available in the said Court and permit the Opposite Party-husband 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 presence of the parties or witnesses may be required by the Court and if it is so ordered, the parties/witnesses shall remain physically present before the learned Civil Judge (Sr. Division), Anandapur. Page 5 of 6 13. 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. Case No.17 of 2025 and participate in the proceeding before the learned Civil Judge, (Senior Division), Anandapur. They are further directed not to ask for unnecessary adjournments and cooperate with the learned Civil Judge, (Senior Division), Anandapur, who shall do well to conclude the proceeding at the earliest. 14. With the said observation and direction, the transfer
Decision
petition stands disposed of. 15. Office is directed to communicate a copy of this Judgment to the Court of learned Judge, Family Court, Deogarh so also the learned Civil Judge (Sr. Division), Anandapur for compliance. 16. Urgent certified copy of this Judgment be granted on proper application as per rules. …….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, the 25th November, 2025/Prasant Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 26-Nov-2025 18:03:45 Page 6 of 6