The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.185 of 2025 Rinki Panigrahi &.... Petitioner Ladu Kishore Tripathy ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Mr. A.K. Panda Advocate For Opposite Party
Legal Reasoning
: Mr. S.R. Subudhi Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment : 31.10.2025 _____________________________________________________________ S.K. MISHRA, J. 1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.04 of 2025 filed by the Opposite Party-Husband under section 9 of the Hindu Marriage Act, 1955, now pending in the Court of learned Judge, Family Court, Phulbani, to the Court of learned Judge, Family Court, Berhampur, Ganjam on the grounds detailed in the transfer petition. 2. Though the Opposite Party-Husband has appeared, till date no objection has been filed opposing to the said prayer for transfer. However, on consent of the learned Counsel for the Parties, the transfer petition is taken up for hearing and disposal at the stage of admission, giving liberty to the learned Counsel for the Opposite Party-Husband to have his oral objection to the transfer petition, if any. 3. 4. Heard learned Counsel for the Parties. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner-wife is a deserted lady having no source of income. After her desertion, she is facing lots of difficulties to maintain her day to day life and is dependent on her father. The distance between Phulbani to Berhampur is more than 160 K.Ms. and it would be difficult on her part to travel such a long distance to attend the Court proceeding on each and every date. There is also a life threat to her, if she is asked to appear before the learned Judge, Family Court, Phulbani. Page 2 of 7 5. Per contra, learned Counsel for the Opposite Party opposes to the said prayer for transfer on the ground that if the Petitioner has any difficulty, she can avail the facility of Video Conferencing and appear before the Court below by filing appropriate application seeking leave of the Court below to permit her to appear through virtual mode. 6. However, on being asked by the Court, learned Counsel for the Opposite Party fairly submits that his client is a defense personnel and is at present posted at Tipura. 7. Law is well settled that, while dealing with the application for transfer of matrimonial cases, the Court has to examine various factors and most important factor is the convenience of wife. 8. 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 is held as follows:- <8. It is not disputed that the appellant is the resident of Chennai and that the appellant9s husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her Page 3 of 7 parents for her livelihood. In order to attend the court proceedings of the case filed by her husband at Vellore she has to travel alone all the way from Chennai to Vellore as her parents are not in a position to accompany her on account of their old age. Secondly, the appellant has also filed a petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights and another petition, M.C. Sr. No.672 of 2021, for her maintenance before the Family Court at Chennai. 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 socioeconomic paradigm in the Indian society, generally, it is the wife9s 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 4 of 7 9. Keeping in view the admitted facts on record and the settled position of law, so also the present posting of the Opposite Party-Husband at Tripura, the prayer made in the transfer petition is allowed, permitting the Opposite Party- Husband to appear though virtual mode . 10. The learned Judge, Family Court, Phulbani is directed to transmit the case record in C.P. No.04 of 2025 to the Court of learned Judge, Family Court, Berhampur, Ganjam at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 11. On receiving the case record in C.P. No.04 of 2025 from the Court of learned Judge, Family Court, Phulbani, the learned Judge, Family Court, Berhampur, Ganjam 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 Judge, Family Court, Berhampur, Ganjam is requested to explore the facilities of Videoconferencing 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 Page 5 of 7 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 learned Judge, Family Court, Berhampur, Ganjam. 13. To avoid delay and notice, both the Parties are directed to make a query before the learned Judge, Family Court, Berhampur, Ganjam themselves or through their Counsels to ascertain the date and purpose of posting in C.P. No.04 of 2025, after the case is transferred to the Court of learned Judge, Family Court, Berhampur, Ganjam and participate in the said proceeding. 14. Both the Parties are further directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Berhampur, Ganjam, who shall do well to conclude the said proceeding at the earliest, preferably within a period of six months from the date of receipt of the records from the Court of learned Judge, Family Court, Phulbani. Page 6 of 7 15. With the said observation and direction, the
Decision
transfer petition is allowed and disposed of. 16. Office is directed to communicate a copy of this judgment to the Court of learned Judge, Family Court, Phulbani so also the Judge, Family Court, Berhampur, Ganjam for compliance. 17. Interim order dated 30.06.2025 passed in I.A. No.197 of 2025 stands vacated. 18. Urgent certified copy of this judgment be granted on proper application as per rules. &&.&&&&&&&& S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, 31st October, 2025/ Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Nov-2025 12:44:25 Page 7 of 7