The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.445 of 2021 (An application under Section 24 of the Code of Civil Procedure, 1908) Rasmita Kumari Raulo ….... Petitioner Jitendra Muni ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Mr. R.R. Mishra, Advocate For Opposite Party : None ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment: 25.11.2025 _____________________________________________________________ S.K. MISHRA, J. 1. This transfer petition has been preferred by the Petitioner-Wife for transfer of MAT case No.23 of 2021 from the Court of learned Civil Judge (Senior Division), Aska to the Court of learned Judge, Family Court, Berhampur on the grounds detailed in the Transfer Petition. 2. Despite notice, the Opposite Party goes unrepresented when the matter is called. Hence, as prayed by Page 1 of 6 the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party. 3. 4.
Legal Reasoning
Heard learned Counsel for the Petitioner. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner is a deserted lady. After her desertion, she is staying with her old and ailing father at Berhampur. That apart, the distance from her father’s house to the Court at Aska is around 80 KMs. There is no male member in her family to accompany her to attend the day to day proceeding at Aska. That apart, for her livelihood, after her desertion, the Petitioner is serving as Teacher in a School at Berhampur. 5. Learned Counsel for the Petitioner further submits, at the instance of the Petitioner, C.P. No.452 of 2021 is now pending in the Court of learned Judge Family Court, Berhampur, Ganjam for restitution of conjugal rights. The present Opposite Party, being the Opposite Party in the said case, has already appeared and is contesting the said case before the Court of learned Judge, Family Court, Berhampur, Ganjam. That apart, the Opposite Party-husband is serving as Page 2 of 6 Sub-Inspector of Police at Paradip. It would also be convenient for him, if the MAT Case No.23 of 2021 is transferred to the Court at Berhampur. 6. Law is well settled that, while dealing with the application for transfer of matrimonial proceedings, the Court has to examine various factors and the most important factor is convenience of wife. 7. At this juncture, it would be apt to deal with the Judgment of the Supreme Court reported in 2022 SCC Online SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), wherein it was 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 their are umbrella sustenance to life. Given the prevailing socioeconomic paradigm in the Indian the wife’s society, generally, convenience which must be looked at while considering transfer. seeking they is it Page 3 of 6 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 Petitioner and the settled position of law, the prayer made in the transfer petition is allowed. The learned Civil Judge (Sr. Division), Aska is directed to transmit the case record in MAT Case No.23 of 2021 to the Court of learned Judge, Family Court, Berhampur at the earliest, preferably within a period of one week from the date of production of certified copy of this Judgment. 9. On receiving the case record in MAT Case No.23 of 2021 from the Court of learned Civil Judge (Sr. Division), Aska, the learned Judge, Family Court, Berhampur 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 10. Since C.P. No.452 of 2021, at the instance of the Petitioner, is pending before the same Court, for convenience of parties, both MAT Case No.23 of 2021 and C.P. No.452 of 2021 be tried together by posting both the said cases to same date. 11. The learned Judge, Family Court, Berhampur 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, Berhampur. 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 MAT Case No.23 of 2021 and participate in the proceeding in the Court of learned Judge, Family Court, Berhampur. They are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Berhampur who shall do well to conclude Page 5 of 6 both the proceedings in MAT Case No.23 of 2021 and C.P. No.452 of 2021 at the earliest, preferably within a period of six months from the date of receipt of the record in MAT Case No.23 of 2021 from the Court of learned Civil Judge (Sr. Division), Aska. 13. With the said observation and direction, the transfer
Decision
petition stands disposed of. 14. Interim order dated 31.01.2022 passed in I.A. No.509 of 2021 stands vacated. 15. Office is directed to communicate a copy of this Judgment to the Court of learned Civil Judge (Sr. Division), Aska so also the learned Judge, Family Court, Berhampur, Ganjam for compliance. 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 25th November, 2025/ Prasant Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 26-Nov-2025 18:03:44 Page 6 of 6