The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.263 of 2024 Niharika Barik ....... Petitioner Satyabrata Barik ....... Opposite Party -Versus- For Petitioner : Mr. B. K. Pardhi, Advocate For Opposite Party : Mr. S. Bahadur, Advocate ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA ------------------------------------------------------------------------------------- Date of Hearing & Judgment: 01.08.2025 -------------------------------------------------------------------------------------- S.K. MISHRA, J. This transfer petition has been filed by the Petitioner-wife for transfer of MAT Suit No.188 of 2024, pending in the Court of learned Civil Judge (Senior Division), Rairangpur, to the Court of learned Civil Judge (Senior Division), Karanjia in the district of Mayurbhanj on the grounds detailed in the transfer petition. 2. 3.
Facts
Heard learned Counsel for the parties. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, after her desertion, the Petitioner is staying at TRP(C) No.263 of 2024 Page 1 of 7 Mendhamundi, PO/PS Raruan, in the district of Mayurbhanj with her parents. Since the distance from Raruan to Rairangpur is around 80 KMs, she being a deserted lady, dependent on her parents for her livelihood, it would be difficult on her part to travel such a long distance because of her poor financial condition and lack of poverished public transport facility. 4. Learned Counsel for the Petitioner-wife further submits, the Petitioner has lodged an FIR against the Opposite Party before the I.I.C, Raruan Police Station vide PS Case No.110 of 2024, corresponds to CT Case No.437 of 2024, which is now pending in the Court of the SDJM, Karanjia. 5. Though no written objection has been filed opposing
Legal Reasoning
this Court in form of the present transfer petition. 7. Law is well settled that while dealing with transfer petition of matrimonial cases, the convenience of wife must be looked at. That apart, Section 24 of the CPC permits the parties to move before the High Court or the District Court at any stage of the proceeding for transfer of the said proceeding from one Court to the other Court. 8. The Supreme Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199, held as follows:- “8. It is not disputed that the appellant is the resident of Chennai and that the appellant’s husband- TRP(C) No.263 of 2024 Page 3 of 7 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 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, into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioral 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 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.” the Courts have take to (Emphasis supplied) 9. Taking into consideration the grounds urged in the transfer petition, submissions made by 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. TRP(C) No.263 of 2024 Page 4 of 7 10. Accordingly, the Civil Judge, Senior Division, Rairangpur is directed to transmit the case record in MAT Suit No.188 of 2024 to the Court of Civil Judge (Senior Division), Karanjia, Dist-Mayurbhanj at the earliest preferably, within a period of seven days from the date of production of certified copy of this order. 11. On receiving the case record in MAT Suit No.188 of 2024 from the Civil Judge (Senior Division), Rairangpur, the Court of Civil Judge (Senior Division), Karanjia, Dist- Mayurbhanj shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest, preferably within a period of six months from the date of receipt of case record in MAT Suit No.188 of 2024. 12. It is made clear that both the parties will be at liberty to appear before the Civil Judge (Senior Division), Karanjia, Dist-Mayurbhanj 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 Civil Judge (Senior Division), Karanjia, Dist- TRP(C) No.263 of 2024 Page 5 of 7 Mayurbhanj is requested to explore the facility of video conferencing available in the said Court and allow the parties to appear through video conferencing 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 Civil Judge (Senior Division), Karanjia, Dist-Mayurbhanj. 13. To avoid delay and notice, both the parties, either in person or through their Counsel, shall make a query with the Court of Civil Judge (Senior Division), Karanjia, Dist- Mayurbhanj to ascertain the date and purpose of posting of MAT Suit No.188 of 2024 and participate in the said proceeding. 14. Both the parties are directed not to seek for unnecessary adjournments and cooperate with the Civil Judge (Senior Division), Karanjia for early disposal of MAT Suit No.188 of 2024. TRP(C) No.263 of 2024 Page 6 of 7 15. With the said observation and direction, the
Arguments
to such prayer, per contra, learned Counsel for the Opposite Party-husband submits, the Opposite Party is serving in a private company at Keonjhar. It would be difficult on his part to take leave and attend the Court proceeding at Karanjia, if the prayer of the Petitioner-wife is allowed. He further submits, the distance of the Petitioner’s paternal house, i.e., Village Mendhamundi from the Court at TRP(C) No.263 of 2024 Page 2 of 7 Raiarangpur and the Court at Karanjia are almost same, which is disputed by the learned Counsel for the Petitioner. 6. Learned Counsel for the Opposite Party-husband further submits, since both the Courts i.e. Civil Judge (Senior Division), Rairangpur so also Civil Judge (Senior Division), Karanjia are within the territorial jurisdiction of District Judge, Mayurbhanj at Baripada, the Petitioner ought to have moved before the learned District Judge, Baripada for transfer of proceeding, instead of approaching
Decision
transfer petition stands disposed of. 16. Office is directed to communicate a copy of this order to the Court of Civil Judge (Senior Division), Rairangpur so also the Court of Civil Judge (Senior Division), Karanjia enabling the said Courts to act in terms of the observation made above. 17. Interim order dated 04.09.2024 passed in I.A. No.267 of 2024 stands vacated. 18. Urgent certified copy of this order be granted on proper application as per rules. ….…….…………… S.K. Mishra, J. Orissa High Court, Cuttack. Dated, 1st August, 2025/ Mona Signature Not Verified Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Orissa Date: 04-Aug-2025 18:30:15 TRP(C) No.263 of 2024 Page 7 of 7