Orissa High Court
Sumitra Behera vs Jayanta Tarai .... Opposite Party on 16 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.91 of 2023
Sumitra Behera .... Petitioner
Mr. Jayadeba Behera, Advocate
-versus-
Jayanta Tarai .... Opposite Party
None
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
16.09.2025 Order No.
07. This matter is taken up through hybrid mode.
2. Learned Counsel for the Opposite Party is absent on call.
3. Earlier also, when the matter was listed on 12.08.2025, learned Counsel for the Opposite Party remained absent.
4. However, a report being called for from the Court below, it was reported that C.P. No.07 of 2023 now stands posted to 23.08.2025 for ex-parte hearing as last chance. Hence, this Court extends the interim order passed earlier, directing the Office to communicate a copy of this order urgently to the Court below for information and necessary action.
5. Since the cause of action still survives, the present transfer petition is taken up for hearing and disposal in absence of the learned Counsel for the Opposite Party.
Page 1 of 56. This transfer petition has been filed by the Petitioner- wife for transfer of C.P No.07 of 2023 filed by the Opposite Party-husband, pending in the Court of learned Judge, Family Court, Kendrapara, to the Court of learned Judge, Family Court, Rourkela on the grounds detailed in the transfer petition.
7. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner-wife is a deserted lady having no source of income and totally dependent on her parents and at present residing at Rourkela.
7.1 That apart, the distance from Rourkela to the Court at Kendrapara would be around 400 K.Ms. She has one female child, who is aged about 6 years and one male child, who is aged about 3 years with her. She being a deserted lady along with two minor children, having no source of income, it would be difficult on her part to travel such a long distance to attend the day-to-day proceeding at Kendrapara. That apart, she has filed Cr. P. No.75 of 2022 under Section 125 Cr.P.C. for maintenance before the learned Judge, Family Court, Rourkela. Being noticed, the Opposite Party-husband has appeared and contesting the said Cr. P. She has also preferred Crl. Misc. Case No.481 of 2022 under Section 12 of D.V. Act, 2005 before the learned S.D.J.M(P), Rourkela, in which notice has already been issued to the Opposite Party-husband. 7.2 To substantiate the prayer made in the transfer petition, learned Counsel for the Petitioner relies on the judgments of Supreme Court in Sumita Singh Vs. Kumar Sanjay and another, reported in AIR 2002 SC 396 so also in Krishna Veni Nagam Vs. Harish Nagam, reported in Page 2 of 5 (2017) 4 SCC 150.
8. 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.
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)
9. In view of the reasons detailed in the transfer petition, submission made by learned Counsel for the Page 3 of 5 Petitioner so also settled position of law; this Court is inclined to allow the prayer made in the transfer petition.
10. Accordingly, the learned Judge, Family Court, Kendrapara is directed to transmit the case record in C.P No.07 of 2023 to the Court of learned Judge, Family Court, Rourkela at the earliest, preferably within a period of one week from the date of production of certified copy of this order.
11. On receiving the case record in C.P No.07 of 2023 from the Court of learned Judge, Family Court, Kendrapara, the learned Judge, Family Court, Rourkela shall re-register the said case, if so required, and shall do well to try both the proceedings, i.e., C.P No.07 of 2023 so also Cr. P. No.75 of 2022, together and proceed further in accordance with law giving due opportunity to both the parties.
12. The learned Judge, Family Court, Rourkela 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. 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, Rourkela.
13. 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.07 of Page 4 of 5 2023 and attend the Court of the learned Judge, Family Court, Rourkela.
14. Both the parties are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Rourkela, who shall do well to conclude the proceeding in C.P.No.07 of 2023 so also Cr. P. No.75 of 2022 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, Kendrapara.
15. With the said observation and direction, the transfer petition stands disposed of.
16. Interim order dated 14.03.2023 passed in I.A. No.119 of 2023 stands vacated.
17. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Kendrapara so also the learned Judge, Family Court, Rourkela for compliance.
18. Urgent certified copy of this order be granted on proper application as per rules.
(S.K. Mishra) Kanhu Judge Signature Not Verified Digitally Signed Signed by: KANHU BEHERA Page 5 of 5 Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 17-Sep-2025 18:38:27