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Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.377 of 2023 Rashmita Pradhan @ Sahu ….... Petitioner Santosh Sahu ....... Opposite Party -Versus- Advocate for the parties For Petitioner : Mr. B. Dash, Advocate For Opposite Party : Mrs. A. Dash, Advocate ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment: 07.11.2025 _____________________________________________________________ S.K. MISHRA, J. 1. This transfer petition has been filed by the Petitioner- wife for transfer of proceeding in C.P. No.477 of 2023, preferred by the Opposite Party-husband, now pending in the Court of learned Judge, Family Court, Balasore, to the Court of learned Judge, Family Court, Puri on the grounds detailed in the Transfer Petition. 2. Though the matter is pending since 2023, no objection has been filed till date opposing to such prayer for transfer. However, on consent of learned Counsel for the parties, the Page 1 of 6 transfer petition is taken up for hearing and disposal at the stage of admission permitting the learned Counsel for the Opposite Party-husband to raise her oral objections, if any, to the prayer made in the transfer petition. 3. 4.
Legal Reasoning
Heard learned Counsel for the parties. Reiterating the grounds urged in the transfer petition,
Legal Reasoning
learned Counsel for the Petitioner-wife submits, the Petitioner is a deserted lady, who is at present residing with her parents at Puri. She has no source of income and is totally dependent on her father. After her desertion, she is living in a very miserable condition. That apart, at her instance, Cr. P. No.102 of 2023 under Section 125 Cr. P.C. is now pending before the learned Judge, Family Court, Puri. Being noticed in the said case, the Opposite Party-husband has appeared and is contesting the said case before the learned Judge, Family Court at Puri. The distance from Balasore to the parental house of the Petitioner-wife (to and fro) would be around 500 K.M. She being a deserted lady, having no source of income, it would be difficult on her part to travel such a long distance along with her minor son to attend the day-to-day proceeding before the learned Judge, Family Court, Balasore. That apart, there is every chance of danger to her life, if she appears before the learned Judge, Family Court, Balasore. Page 2 of 6 4.1 Learned Counsel for the Petitioner-wife further submits, since the Opposite Party-husband is appearing in Cr. P. No.102 of 2023, before the learned Judge, Family Court, Puri, if the proceeding in C.P. No.477 of 2023 is transferred to the said Court at Puri, it will be convenient for both the parties to appear before the same Court and participate in both the proceedings, i.e., Cr. P. No.102 of 2023 so also C.P. No.477 of 2023. 5. Per contra, learned Counsel for the Opposite Party- husband submits, ground of pendency of 125 Cr. P.C. proceeding, i.e., Cr. P. No. 102 of 2023, at Puri is unsustainable. She further submits, the Opposite Party-husband is ready and willing to take the Petitioner-wife so also the minor son back. But, the Petitioner- wife is not willing for restitution of conjugal rights. The Opposite Party, being a daily labourer, it would be difficult on his part to travel such a long distance to attend the day-to-day proceeding in C.P. No.477 of 2023, if the said proceeding is transferred to the Court of learned Judge, Family Court, Puri. 5.1. She further submits, if the Court is inclined to allow the prayer made in the transfer petition, her client be permitted to appear through virtual mode, if he faces any difficulty to appear physically before the learned Judge, Family Court, Puri, keeping in view the distance from Balasore to Puri so also his income and profession. Page 3 of 6 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 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) 7. In view of the reasons detailed in the transfer petition so also submission 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. Page 4 of 6 8. The learned Judge, Family Court, Balasore is directed to transmit the case record in C.P. No.477 of 2023 to the Court of learned Judge, Family Court, Puri 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 C.P. No.477 of 2023 from the Court of learned Judge, Family Court, Balasore, the learned Judge, Family Court, Puri shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. 10. Since Cr. P. No.102 of 2023 is pending before the same Court, learned Judge, Family Court, Puri is directed to post both the proceedings, i.e., Cr. P. No.102 of 2023 so also C.P. No.477 of 2023, to a single date for convenience of parties. 11. The learned Judge, Family Court, Puri 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 by any of the parties. 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 and if it is so ordered, the Page 5 of 6 parties shall remain physically present before the learned Judge, Family Court, Puri. 12. The parties are directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Puri, who shall do well to conclude the proceeding in C.P. No.477 of 2023 at the earliest, preferably within a period of six months from the date of receipt of record from the Court of learned Judge, Family Court, Balasore. 13. With the said observation and direction, the transfer
Decision
petition stands disposed of. 14. Office is directed to communicate a copy of this judgment to the Court of learned Judge, Family Court, Balasore so also the learned Judge, Family Court, Puri for compliance. 15. Interim order dated 05.08.2025 passed in I.A. No.390 of 2023 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, 7th November, 2025/ Kanhu Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Page 6 of 6 Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 08-Nov-2025 13:21:23