The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.258 of 2025 Eli Singha ….... Petitioner Aniruddha Das ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Mr. D.K. Mohapatra, For Opposite Party Advocate
Legal Reasoning
: Mr. B.K. Raj, Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of hearing and Judgment: 10.12.2025 _____________________________________________________________ S.K. MISHRA, J. 1. This Transfer Petition has been preferred by the Petitioner-wife for transfer of proceeding in C.P No.273 of 2024 filed by the Opposite Party-husband, 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 6 2. Being noticed, though the Opposite Party-husband has appeared in this case, no written objection has been filed opposing to such prayer for transfer. 3. 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, permitting the learned Counsel for the Opposite Party-husband to have his oral objection to the transfer petition. 4. 5. Heard learned Counsel for the parties. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner-wife is a deserted lady. After her desertion, she is staying with her old ailing mother, as her father has died. She has no source of income to maintain herself. The distance from her parental house to the Court at Balasore would be around 63 K.Ms. That apart, there is no male member in her family to accompany her to attend the proceeding at Balasore. Hence, it would be difficult on her part to attend the day-to-day proceeding at Balasore by travelling such a long distance. Learned Counsel for the Petitioner-wife submits, at the instance of the Petitioner an FIR has been lodged before the Baripada Sadar P.S., which has been registered as Baripada Sadar P.S. Case No.87 of 2024 dated 07.05.2024 against the Opposite Page 2 of 6 Party and the G.R. case is pending at Baripada. Learned Counsel for the Petitioner further submits, she being a poor lady, had no money to initiate this transfer petition. Hence, on being approached, the District Legal Service Authority has assigned this matter to him to pursue the case of the Petitioner before this Court. 6. Per contra, opposing to such submission made by learned Counsel for the Petitioner so also prayer made in the transfer petition, learned Counsel for the Opposite Party-husband submits, C.P. No.273 of 2024 has been rightly initiated before the learned Judge, Family Court, Balasore, having territorial jurisdiction. That apart, if she faces any difficulty to appear physically before the Court at Balasore, she can very well move before the Court below to allow her to appear through virtual mode. 7. Law is well settled that in matrimonial proceedings, 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 Page 3 of 6 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 socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” (Emphasis supplied) 8. Hence, after going through the pleadings made in the transfer petition so also taking note of the contentions of the learned Counsel for the parties and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition. 9. The learned Judge, Family Court, Balasore is directed to transmit the case record in C.P No.273 of 2024 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 judgment. 10. On receiving the case record in C.P No.273 of 2024 from the Court of learned Judge, Family Court, Balasore, the Court of 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 Page 4 of 6 11. For convenience of the parties, the Court of 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 below and if it is so ordered, the parties shall remain physically present before the Court of learned Judge, Family Court, Baripada. 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 No.273 of 2024 and attend the Court of learned Judge, Family Court, Baripada. Both the parties are further directed not to ask for unnecessary adjournments and cooperate with the Court of learned Judge, Family Court, Baripada, who shall do well to conclude the proceeding in C.P No.273 of 2024 at the earliest. 13. With the said observation and direction, the transfer
Decision
petition stands allowed and disposed of. Page 5 of 6 14. Office is directed to communicate a copy of this Judgment to the Court of learned Judge, Family Court, Balasore so also the Court of learned Judge, Family Court, Baripada for compliance. 15. Interim order dated 26.08.2025 passed in I.A. No.274 of 2025 stands vacated. 16. Urgent certified copy of this judgment be granted on proper application as per rules. …….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, the 10th December, 2025/ Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 11-Dec-2025 15:11:14 Page 6 of 6