The High Court
Case Details
Order No. 03. IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.178 of 2025 Suchismita Samal …. Petitioner Mr. M. Swain, Advocate Dipak Kumar Parida …. Opposite Party -versus-
Legal Reasoning
Mr. S.K. Lenka, Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 19.09.2025 This matter is taken up through hybrid mode. 2. This transfer petition has been filed by the Petitioner- Wife, who is the Opposite Party in C.P. No.27 of 2025. The said C.P. has been preferred by the Opposite Party-husband for declaring the marriage between the parties to be null and void. A prayer has been made for transfer of the said proceeding in C.P. No.27 of 2025, pending in the Court of learned Judge, Family Court, Jagatsinghpur to the Court of learned Judge, Family Court, Jajpur on the grounds detailed in the Transfer Petition. 3. Opposing to the prayer made in the transfer petition, an Objection has been filed by the Opposite Party-husband basically the ground that the Petitioner has suppressed the fact that she has filed a petition under Section 144 BNSS, 2023 for maintenance before the learned Judge, Family Court, Jajpur, with certain false allegations which has been registered as Cr.P. No.53 of 2025. It has also been urged that the Opposite Party-husband knowing that the marriage was taken place by impersonating a group of people, he has lodged a written report before the O.I.C., Anantapur Out Post and after refusal to act on the said report, he has filed a complaint case before the S.D.J.M., Jagatsinghpur vide I.C.C. Case No.68 of 2025. 4. Heard learned Counsel for the parties. 5. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner is a deserted lady having no income. She was being driven out from her matrimonial home. After her desertion, she is residing in her father’s house and living in a very miserable condition. Because of financial hardship, it has too difficult on her part to maintain her day to day life without any financial assistance from her husband. That apart, the distance of her father’s house at Jafarpur under Mangalpur P.S. of Jajpur to Jagatsinghpur is around 150 KMs. It would be very difficult on her part to attend the day to day proceeding at Jagatsinghpur in C.P. No.27 of 2025. There is also a life threat also, if she attends the Court at Jagatsinghpur. 6. Per contra, learned Counsel for the Opposite Party- husband submits, even though at the instance of the Petitioner Cr.P. No.53 of 2025 is pending in the Court of learned Judge, Family Court, Jajpur, because of suppression of the said fact so also other facts detailed in the Counter Affidavit, her prayer for transfer of proceeding deserves to be rejected. That apart, if she has life threat she can make a Page 2 of 5 prayer before the learned Judge, Family Court, Jagatsinghpur to permit her to appear through virtual mode. 7. 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 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, the spouses and 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 8. In view of the reasons detailed in the transfer petition so also submissions made by the learned Counsel for the parties and the settled position of law, the prayer made in the transfer petition is allowed. The learned Judge, Family Court, Jagatsinghpur is directed to transmit the case record in C.P. No.27 of 2025 to the Court of learned Judge, Family Court, Jajpur at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 9. On receiving the case record in C.P. No.27 of 2025 from the Court of learned Judge, Family Court, Jagatsinghpur, the learned Judge, Family Court, Jajpur shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 10. Since Cr.P. No.53 of 2025, at the instance of the Petitioner, is also pending before the same Court, for convenience of parties, both C.P. No.27 of 2025 and Cr.P. No.53 of 2025 be tried together by posting both the said cases to same date. 11. The learned Judge, Family Court, Jajpur 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 for. However, it is made clear that, 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 Page 4 of 5 the learned Judge, Family Court, Jajpur. 12. 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.27 of 2025 and participate in the proceeding. They are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Jajpur, who shall do well to conclude both the proceedings in C.P. No.27 of 2025 as well as Cr.P. No.53 of 2025 at the earliest, preferably within a period of six months from the date of receipt of the record in C.P. No.27 of 2025 from the Court of learned Judge, Family Court, Jajpur. 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, Jagatsinghpur so also the learned Judge, Family Court, Jajpur for compliance. 15. Urgent certified copy of this order be granted on proper application as per rules. JUDGE (S. K. MISHRA) Prasant Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 21-Sep-2025 12:00:59 Page 5 of 5