The High Court
Case Details
Order No. 02. IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.67 of 2025 Biswajit Kuanr …. Petitioner Mr. Akash Kumar Pattajoshi, Advocate Anjali Bhoi and another …. Opposite Parties -versus-
Legal Reasoning
Mr. Pratap Chandra Mishra, 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- husband for transfer of the proceeding in C.R.P. No.47 of 2024, now pending in the Court of learned Judge, Family Court, Angul to the Court of learned Judge, Family Court, Bhawanipatna, on the grounds detailed in the Transfer Petition. C.R.P. No.47 of 2024 has been filed by the Opposite Party No.1-wife under Section 144 of the BNSS, 2023 for maintenance. 3. Being noticed, though the Opposite Parties have appeared in this case, no written objection has been filed till date opposing to the prayer for transfer. However, permitting the learned Counsel for the Opposite Parties to oppose orally, on consent of learned Counsel for the parties, the transfer petition is taken up for hearing and disposal at the stage of admission. 4. Reiterating the ground urged in the transfer petitioner, learned Counsel for the Petitioner-husband submits, his client is at present serving at Bhawanipatna in the district of Kalahandi as an Assistant Industries Officer in the department of Micro, Small and Medium Enterprises. As per the Government Notification/Circular, the Petitioner, being a work charged employee, can avail leave for 10 days in a calendar year, which can be extended to 15 days under special circumstances. That apart, he has to take care of his old ailing father, who is residing at Vill-Kuchinda in the district of Sambalpur. The Petitioner utilizes his leave to attain his father for his medical checkup. Further, the Petitioner is also suffering from hernia and is under continuous treatment and medication. The Petitioner is also suffering from travel sickness, for which it would be difficult on his part to travel to Angul to attend the day-to-day proceeding in C.R.P. No.47 of 2024, which is now pending before the learned Judge, Family Court, Angul. 5. Per contra, learned Counsel for the Opposite Parties submits, the grounds urged in the transfer petition cannot be the genuine grounds to seek for transfer of proceeding in C.R.P. No.47 of 2024, which is now pending before the learned Judge, Family Court, Angul. He further submits, being noticed in the said C.R.P., the Petitioner-husband has appeared and participating in the said proceeding. Hearing has been commenced substantially, evidence from the side of his client (wife) has concluded and now matter stands posted tomorrow (24.09.2025) for evidence from the side of the Petitioner-husband, who is the Opposite Party in C.R.P. No.47 of 2024. 5.1. That apart, learned Counsel for the Opposite Parties further submits, if the Petitioner-husband has any difficulty to avail leave and appear in C.R.P. No.47 of 2024, he can pray Page 2 of 4 before the learned Judge, Family Court, Angul to permit him to appear though virtual mode. The Opposite Party No.1-wife has no objection to such prayer, if made before the learned Court below. 6. 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 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 their social strata of 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.” the spouses and (Emphasis Supplied) 7. However, after hearing the learned counsel for the parties, this Court is not inclined to allow the prayer made in the transfer petition. 8. Accordingly, the transfer petition stands disposed of giving liberty to the Petitioner to pray before the learned Court below to allow him to appear through virtual mode, if it is so Page 3 of 4 required. 9. The learned Judge, Family Court, Angul 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 below and if it is so ordered, the parties shall remain physically present before the learned Judge, Family Court, Angul. 10. To avoid delay, the parties are directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Angul, who shall do well to conclude the proceedings in C.R.P. No.47 of 2024 at the earliest. 11. Since it is brought to the notice of this Court that C.R.P. No.47 of 2024 stands posted to tomorrow (24.09.2025), the parties are given liberty to utilize the digitized copy of this order available in the website of this Court for the purpose of communication to the learned Court below, who shall act upon the said website copy. 12. Urgent certified copy of this order be granted on proper application as per rules. JUDGE (S. K. MISHRA) Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 23-Sep-2025 20:27:06 Page 4 of 4