The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.285 of 2023 Sneha Priya Behera ….... Petitioner Biswa Mohan Senapati ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Ms. S. Routray Advocate For Opposite Party : None ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing and Judgment : 23.07.2025 _____________________________________________________________ S.K. MISHRA, J.
Legal Reasoning
1. Pursuant to order dated 09.07.2025, learned Counsel for the Petitioner files a Memo along with photocopy of the judgments passed in Cr.P. No.235 of 2022 and judgment dated 20.08.2024 passed in D.V. Misc. Case No.01 of 2023 so also copy of the D.V. Execution No.01 of 2025 (arising out of D.V. Misc. Case No.01 of 2023), which are taken on record. 2. In the said memo, it has been indicated that D.V. Execution No.01 of 2025 has been filed before J.M.F.C., Jajpur Road for implementation of judgment passed in Cr.P. No.235 of 2022. 3. Learned Counsel for the Petitioner further submits, in view of the order dated 09.07.2025, vide which notice on the Opposite Party was held to be sufficient so also observation made in para-11 of the said order, the matter be taken up for hearing and disposal in absence of the Opposite Party- Husband. 4. In view of such prayer made by the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party-Husband. 5. Heard learned Counsel for the Petitioner. 6. This transfer petition has been filed by the Petitioner- Wife for transfer of C.P. Case No.168 of 2023, preferred by the Opposite Party-Husband, pending in the Court of Judge, Family Court, Jagatsinghpur to the Court of Judge, Family Court, Jajpur on the grounds detailed therein. 7. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, after desertion of Page 2 of 6 the Petitioner-wife, she is leading a miserable life with her minor child because of financial constraint. Despite order passed in Cr.P. No.235 of 2022, which was contested by the Opposite Party-Husband, the said order is yet to be implemented, for which Execution Case No.128 of 2023 is now pending before the Court of Judge, Family Court, Jajpur. The Opposite Party-Husband is avoiding to appear in the said case, for which warrant of arrest has been issued against him. 8. Learned Counsel for the Petitioner further submits, for non-implementation of the judgment passed in D.V. Misc. Case No.01 of 2023, the Execution Case No.01 of 2025 is also pending in the Court of J.M.F.C., Jajpur Road. Because of the financial constraint, it would be difficult on the part of the Petitioner-wife to appear before the Judge, Family Court, Jagatsinghpur on each date, which is more than 130 K.M. away from the native place of the Petitioner. 9. Accordingly, she prays for transfer of C.P. Case No.168 of 2023 from the Court of Judge, Family Court, Jagatsinghpur to the Court of Judge, Family Court, Jajpur. 10. Law is well settled that in matrimonial proceeding convenience of the wife must be looked at. In the case of Page 3 of 6 (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 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) 11. In view of the reasons detailed in the transfer petition so also submission made by the learned Counsel for the Petitioner and the settled position of law, the prayer made in the transfer petition is allowed. The Judge, Family Court, Page 4 of 6 Jagatsinghpur is directed to transmit the case record in C.P. No.168 of 2023 to the Court of Judge, Family Court, Jajpur at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 12. On receiving the case record in C.P. No.168 of 2023, the Judge, Family Court, Jajpur shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 13. The Judge, Family Court, Jajpur 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 Judge, Family Court, Jajpur. 14. To avoid delay, the parties are directed not to ask for unnecessary adjournments and cooperate with the Judge, Page 5 of 6 Family Court, Jajpur, who shall do well to conclude the said proceeding at the earliest. 15. With the said observation and direction, the transfer
Decision
petition stands disposed of. 16. Office is directed to communicate a copy of this Order to the Court of Judge, Family Court, Jagatsinghpur so also the Judge, Family Court, Jajpur for compliance. 17. Urgent certified copy of this order be granted on proper application as per rules. …….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, 23rd July, 2025/ Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jul-2025 12:40:05 Page 6 of 6