Orissa High Court
Niharika Barik vs Satyabrata Barik ....... Opposite ... on 1 August, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.263 of 2024
Niharika Barik ....... Petitioner
-Versus-
Satyabrata Barik ....... Opposite Party
For Petitioner : Mr. B. K. Pardhi, Advocate
For Opposite Party : Mr. S. Bahadur, Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 01.08.2025
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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. Heard learned Counsel for the parties.
3. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner-wife submits,
after her desertion, the Petitioner is staying at
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
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
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
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-
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, the Courts have to take 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."
(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.
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-
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.
15. With the said observation and direction, the
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
Location: High Court of Orissa
