The High Court
Case Details
Order No. 03. IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.176 of 2025 Jayashree Panda …. Petitioner Mr. Hariprasad Ojha, Advocate Manas Kumar Panda …. Opposite Party -versus-
Legal Reasoning
Mr. Raghunath Das Mohapatra, Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 23.09.2025 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.81 of 2025, preferred by the Opposite Party-husband, now pending in the Court of learned Judge, Family Court, Cuttack, to the Court of learned Judge, Family Court-II, Bhubaneswar on the grounds detailed in the Transfer Petition. 3. Though the Opposite Party-husband has appeared, no written objection has been filed till date opposing to the prayer for transfer. However, the matter is taken upon for hearing and disposal at the stage of admission, on consent of learned Counsel for the parties. 4. Heard learned Counsel for the parties. 5. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Page 1 of 5 Petitioner is a deserted lady. After her desertion, she is residing with her father at Dumuduma, P.O- Dumuduma Housing Board Colony, P.S.-Khandagiri, Bhubaneswar. She has no source of income to maintain her livelihood and is totally dependent on her parents. The Opposite Party has not paid a single pie till date. She being a deserted lady having no source of income, it would be difficult on her part to attend the day to day proceeding in C.P. No.81 of 2025 before the Judge, Family Court, Cuttack. That apart, at the instance of the Petitioner-wife, M.C. No.993 of 2024 filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, is now pending before the learned J.M.F.C.-V (Cog. Taking), Bhubaneswar. Being noticed, the Opposite Party-husband has appeared in the said case and is participating in the said proceeding. Only after being noticed in M.C. No.993 of 2024, the Opposite Party-husband has intentionally filed an application, i.e., C.P. No.81 of 2025, before the learned Judge, Family Court, Cuttack to harass her. Further, she also apprehends danger from the side of her in-laws, if she attends the proceeding at Cuttack. 6. Per contra, learned Counsel for the Opposite Party- husband submits, the distance from Bhubaneswar to Cuttack is only around 30 K.Ms. If she faces any difficulty to appear physically before the learned Judge, Family Court, Cuttack, she can very well appear through virtual mode, as the said Court has video conferencing facility. 7. Law is well settled that, while dealing with transfer petitions in matrimonial cases, 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 Page 2 of 5 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.” (Emphasis supplied) 8. In view of the reasons detailed in the transfer petition, submissions made by learned Counsel for the parties and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition. 9. Accordingly, the learned Judge, Family Court, Cuttack is directed to transmit the case record in C.P. No.81 of 2025 to the Court of learned Judge, Family Court- II, Bhubaneswar at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 10. On receiving the case record in C.P. No.81 of 2025 from the Court of learned Judge, Family Court, Cuttack, the Court of learned Judge, Family Court-II, Bhubaneswar shall re-register the said case, if so required, and proceed Page 3 of 5 further in accordance with law giving due opportunity to both the parties. 11. The learned Judge, Family Court-II, Bhubaneswar 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, if so prayed by any of the parties. 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 learned Judge, Family Court-II, Bhubaneswar. 12. To avoid delay and notice, the parties are directed to make a query themselves or through their counsels about the date and purpose of posting of C.P. No.81 of 2025 from the Court of learned Judge, Family Court-II, Bhubaneswar and participate in the said proceeding. They are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court-II, Bhubaneswar, who shall do well to conclude the said proceeding at the earliest. 13. With the said observation and direction, the transfer petition stands disposed of. 14. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Cuttack so also the learned Judge, Family Court-II, Bhubaneswar for compliance. 15. Interim order dated 16.07.2025 passed in I.A. No.181 of 2025 stands vacated. Page 4 of 5 16. Urgent certified copy of this order be granted on proper application as per rules. Kanhu Judge (S.K. Mishra) Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 24-Sep-2025 19:02:57 Page 5 of 5