The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.189 of 2025 Jyotshnamayee Sahu ....... Petitioner Dhananjaya Sahu ....... Opposite Party -Versus- For Petitioner : Mr. A. Mishra, Advocate For Opposite Party : None ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA -------------------------------------------------------------------------- Date of Hearing & Judgment: 18.11.2025 -------------------------------------------------------------------------- S.K. MISHRA, J. The present transfer petition has been preferred by the Petitioner-wife for transfer of proceeding in Civil Suit (Matrimonial) No.20 of 2025, now pending in the Court of learned Judge, Family Court, Bolangir, to the Court of learned Judge, Family Court, Sonepur on the grounds detailed in the transfer petition. 2. Despite notice and giving further opportunity to the Opposite Party-husband vide order dated 26.09.2025, the Opposite Party goes unrepresented when the matter is TRP(C) No.189 of 2025 Page 1 of 7 called. Hence, as prayed by the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party-husband.
Legal Reasoning
3. Heard learned Counsel for the Petitioner. 4. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner is a handicapped lady. She is having no source of income and is staying with her father, on whom she is dependant for her livelihood. That apart, at her instance, Cr. P. 36 of 2024 filed under Section 125 of Cr.P.C. for maintenance is now sub-judice before the learned Judge, Family Court, Sonepur. In the said proceeding, though an interim order has been passed directing the Opposite Party- husband to pay maintenance of Rs.4,000/- per month from the date of filing of the I.A., till date, the Opposite Party has not paid a single pie to the Petitioner. 5. After the passing of the said order of interim maintenance in Cr. P. No.36 of 2024, the Opposite Party, in order to harass the Petitioner has preferred Civil Suit (Matrimonial) No.20 of 2025 under Section 13(1) of the Hindu Marriage Act, 1955 for decree of divorce. Earlier also, TRP(C) No.189 of 2025 Page 2 of 7 the Petitioner-wife preferred an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, which was registered as CP No.45 of 2023 before the learned Judge, Family Court, Sonepur, which was decreed in her favour vide Judgment dated 16.03.2024. In the said proceeding, the Opposite Party-husband, being noticed, was appearing and contesting the said case before the learned Judge, Family Court, Sonepur. But now he is intentionally avoiding to appear in Cr.P. No.36 of 2024. It would be difficult on her part to attend the day to day proceeding before the learned Judge, Family Court, Bolangir having no income. 6. 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 TRP(C) No.189 of 2025 Page 3 of 7 to life prior 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 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. 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) 7. In view of the reasons detailed in the transfer petition, submission made by the learned Counsel for the Petitioner and the settled position of law, the prayer made in the transfer petition is allowed. 8. The learned Judge, Family Court, Bolangir is directed to transmit the case record in Civil Suit (Matrimonial) No.20 of 2025 to the Court of learned Judge, Family Court, Sonepur at the earliest, preferably within a period of one TRP(C) No.189 of 2025 Page 4 of 7 week from the date of production of certified copy of this order. 9. On receiving the case record in Civil Suit (Matrimonial) No.20 of 2025 from the Court of learned Judge, Family Court, Bolangir, the learned Judge, Family Court, Sonepur 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.36 of 2024, at the instance of the Petitioner, is pending before the same Court, for convenience of parties, both Civil Suit (Matrimonial) No.20 of 2025 and Cr.P. No.36 of 2024 be tried together by posting both the said cases to same date. 11. It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Sonepur through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court. The learned Judge, Family Court, Sonepur is requested to explore the facility of video conferencing available in the said Court and allow the parties to appear through video conferencing TRP(C) No.189 of 2025 Page 5 of 7 mode, following the guidelines 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 so also their witnesses, if any, shall remain physically present before the learned Judge, Family Court, Sonepur. 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 Civil Suit (Matrimonial) No.20 of 2025 and participate in the said proceeding. They are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Sonepur, who shall do well to conclude both the proceedings in Civil Suit (Matrimonial) No.20 of 2025 & Cr.P. No.36 of 2024 at the earliest, preferably within a period of six months from the date of receipt of the record in Civil Suit (Matrimonial) No.20 of 2025 from the Court of learned Judge, Family Court, Bolangir. TRP(C) No.189 of 2025 Page 6 of 7 13. With the said observation and direction, the transfer
Decision
petition stands disposed of. 14. Interim order dated 07.07.2025 passed in I.A. No.201 of 2025 stands vacated. 15. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Bolangir so also the learned Judge, Family Court, Sonepur 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, 18th November, 2025/ Mona Signature Not Verified Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orissa Date: 19-Nov-2025 17:57:36 TRP(C) No.189 of 2025 Page 7 of 7