N.C.V. Aishwarya v. A.S. Saravana Karthik Sha), submits that, while
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.190 of 2025 Kanchanshree Behera @ Bindhani &.... Petitioner Pradeep Kumar Behera ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Mr. S.K. Patnaik, Advocate For Opposite Party
Legal Reasoning
: Ms. M. Mohanty, Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment: 31.10.2025 _____________________________________________________________ S.K. MISHRA, J. 1. This transfer petition has been filed by the Petitioner- wife for transfer of proceeding in C.P. No.649 of 2023, preferred by the Opposite Party-husband, now pending in the Court of learned Judge, Family Court, Balasore to the Court of learned Judge, Family Court, Baripada on the grounds detailed in the Transfer Petition. Page 1 of 7 2. Though the Opposite Party-husband has appeared through Ms. M. Mohanty, learned Counsel, being engaged through the Legal Aid, no written objection has been filed till date opposing to the prayer for transfer. However, on consent of learned Counsel for the parties, the matter is taken up for hearing and disposal at the stage of admission, permitting the learned Counsel for the Opposite Party-husband to orally oppose to the prayer made in the transfer petition. 3. 4. Heard learned Counsel for the parties. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner is a deserted lady. After her desertion, she is dependent on her parents, who are staying at Baripada. Apart from that, the distance from Baripada to Balasore would be around 60 KMs. It would be difficult on her part to attend the day to day proceeding at Balasore. Further, at her instance C.P. No.238 of 2023 filed under Section 13(1) of the Hindu Marriage Act, 1955 so also G.M.C. No.32 of 2024 filed under Section 25 of Guardians & Wards Act, 1890 are also pending before the learned Judge, Family Court, Baripada, wherein , being noticed, the present Opposite Party-husband has appeared and is Page 2 of 7 contesting the said case. He further submits, as per the settled position of law, the said proceedings should be tried together at Baripada, which will be just and proper to avoid the multiplicity of proceeding and conflicting of decisions. Learned Counsel for the Petitioner, relying on the judgment of the Supreme Court reported in 2022 SCC OnLine (SC) 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), submits that, while dealing with transfer petitions in matrimonial cases, convenience of the wife must be looked at. 5. Per contra, learned Counsel for the Opposite Party- husband submits, the Opposite Party is financially incapable to defend his case. He has already been compelled to appear before the Court at Baripada to defend two cases, initiated at the instance of the Petitioner-wife. That apart, the girl child, who is studying in Class-5, is staying with him at Balasore. He was serving as a Lecturer in a private college and has left the job. He is taking care of his minor girl child and there is no other member to look after her in his absence. She further submits, as per the instruction received, though the mother of the Opposite Party-husband was taking care of the child, now, she is no more and it will be difficult on his part to attend the day to Page 3 of 7 day proceeding at Baripada with his daughter on each and every date of posting of the said case, if it is transferred to Baripada. 6. Admittedly, no applications have been moved by the Opposite Party-husband till date for transfer of proceedings in C.P. No.238 of 2023 filed under Section 13(1) of the Hindu Marriage Act, 1955 so also G.M.C. No.32 of 2024 filed under Section 25 of Guardians & Wards Act, 1890, now pending in the Court of learned Judge, Family Court, Baripada, to Balasore on the grounds, as stated by the learned Counsel for the Opposite Party-husband. 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 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 Page 4 of 7 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 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) 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, Balasore is directed to transmit the case record in C.P. No.649 of 2023 to the Court of learned Judge, Family Court, Baripada 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.649 of 2023 from the Court of learned Judge, Family Court, Balasore, the learned Judge, Family Court, Baripada 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 C.P. No.238 of 2023 filed by the Petitioner-wife is pending before the same Court, for convenience of parties, Page 5 of 7 both C.P. No.649 of 2023 and C.P. No.238 of 2023 be tried together. That apart, G.M.C. No.32 of 2024 filed under Section 25 of Guardians & Wards Act, 1890 by the Petitioner-wife, which is now pending before the same Court, i.e., learned Judge, Family Court, Baripada, for convenience of the parties, be taken up on the same dates, to which C.P. No.649 of 2023 and C.P. No.238 of 2023 shall be posted for analogous hearing. 11. The learned Judge, Family Court, Baripada 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. 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, Baripada. 12. Since both C.Ps. are of the year 2023, the learned Judge, Family Court, Baripada shall do well to conclude both the proceedings at the earliest, preferably within a period of six Page 6 of 7 months from the date of receipt of the record in C.P. No.649 of 2023 from the Court of learned Judge, Family Court, Balasore. 13. With the said observation and direction, the transfer
Decision
petition stands disposed of. 14. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Balasore so also the learned Judge, Family Court, Baripada for compliance. 15. Urgent certified copy of this order be granted on proper application as per rules. &&.&&&&&&&& S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, the 31st October, 2025/ Prasant Page 7 of 7 Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 01-Nov-2025 14:44:18