Orissa High Court
Banajyostna Mallick vs Binod Bihari Dalai ....... Opposite ... on 6 August, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.128 of 2023
Banajyostna Mallick ....... Petitioner
-Versus-
Binod Bihari Dalai ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. P.K. Kundu,
Advocate
For Opposite Party : Mr. A.K. Jena,
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing and Judgment : 06.08.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been filed by the
Petitioner-Wife, for transfer of proceeding in C.P. No.315 of
2022, preferred by the Opposite Party-Husband under
Section 13(1) of the Hindu Marriage Act, 1955, from the
Court of learned Judge, Family Court, Kendrapara to the
Court of learned Judge, Family Court, Cuttack on the
grounds detailed therein.
2. Heard learned Counsel for the parties.
3. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner submits, the
Petitioner is a destitute lady. After her desertion she is
staying with her parents at Village- Jampada, under Niali
Police Station, in the district of Cuttack. She is having a
minor daughter, who is only four years old. The Opposite
Party-Husband has intentionally filed the application to
dissolve the marriage in the Court of learned Judge, Family
Court, Kendrapara to cause inconvenience, harassment and
irreparable loss to her so also her minor daughter. Because
of her financial stringency, it would be difficult on her part
to attend the proceeding in C.P. No.315 of 2022 at
Kendrapara, which is around 100 K.M. away from the place,
where she is residing at present. She being an unemployed
lady having no source of income to bear the cost of
travelling, it would not be possible on her part to travel
such a long distance with her minor daughter on each and
every date to attend the proceeding in C.P. No.315 of 2022
at Kendrapara.
4. Apart from that she has a threat to her life so also
the life of her minor daughter, as because; the Opposite
Party has no emotional attachment, love and affection
towards them. When the Petitioner and her minor daughter
were residing with the Opposite Party in Kendrapara in his
residence, he attempted twice to kill her and her minor
daughter.
5. To substantiate the prayer made in the transfer
petition, learned Counsel for the Petitioner relies on the
judgments of the Supreme Court reported in AIR 2002 SC
396 (Sumita Singh Vs. Kumar Sanjay & anr.) and in AIR
2022 SC 4318 (N.C.V. Aishwarya Vs. A.S. Saravana
Karthik Sha) .
6. Though no written objection has been filed
opposing to such prayer for transfer, per contra, learned
Counsel for the Opposite Party-Husband submits, the
Petitioner has filed D.V. Misc. Case No.74 of 2023, which is
now pending before JMFC (Rural), Cuttack. On being
noticed, his client has appeared in the said case. Being
directed by the said Court, the Opposite Party-Husband is
paying Rs.5,000/- every month towards interim
maintenance to the Petitioner-Wife. Thus, she will be able to
bear her traveling and other legal expenses to attend the
proceeding at Kendrapara.
7. He further submits, in view of the facility of Video
Conference available in the Court of learned Judge, Family
Court, Kendrapara, she can very well appear through
virtual mode, if she so desires. There is no need to travel to
attend the Court proceeding in C.P. No.315 of 2022 at
Kendrapara.
8. As has been admitted by the learned Counsel for
the Opposite Party-Husband, D.V. Misc. Case No.74 of 2023
is now pending in the Court of JMFC (Rural), Cuttack,
wherein the Opposite Party has entered appearance and
contesting the said case at Cuttack.
9. In Anindita Das Vs. Srijit Das, reported in (2006)
9 Supreme Court Cases, the Supreme Court observed as
follow:-
"Even otherwise, it must be seen that at one stage
this Court was showing leniency to ladies. But since
then it has been found that a large number of
transfer petitions are filed by women taking
advantage of the leniency shown by this Court. On
an average at least 10 to 15 transfer petitions are on
board of each court on each admission day. It is,
therefore, clear that leniency of this Court is being
misused by the women."
10. In view of the admitted facts on record so also
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. The Judge,
Family Court, Kendrapara is directed to transmit the case
record in C.P. No.315 of 2022 to the Court of Judge, Family
Court, Cuttack 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.315 of
2022 from the Court of Judge, Family Court, Kendrapara,
the Judge, Family Court, Cuttack shall re-register the said
case, if so required, and proceed further in accordance with
law giving due opportunity to both the parties.
12. The Judge, Family Court, Cuttack 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, Cuttack.
13. To avoid delay, both the parties are directed to
make a query themselves from the Court of learned Judge,
Family Court, Cuttack regarding the date and purpose of
posting of C.P. No.315 of 2022 and participate in the said
proceeding.
14. Both the parties are also directed not to ask for
unnecessary adjournments and cooperate with the Judge,
Family Court, Cuttack, who shall do well to conclude the
said proceeding at the earliest.
15. The Judge, Family Court, Cuttack is directed to
proceed further in C.P. No.315 of 2022 in accordance with
law and try to conclude the said proceeding at the earliest,
preferably within a period of six months from the date of
receipt of the record in C.P. No.315 of 2022 from the Court
of Judge, Family Court, Kendrapara.
16. With the said observation and direction, the
transfer petition stands disposed of.
17. Office is directed to communicate a copy of this
order to the Court of Judge, Family Court, Kendrapara so
also the Judge, Family Court, Cuttack for compliance.
18. Urgent certified copy of this order be granted on
proper application as per rules.
...............................
S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, 6th August, 2025/ Banita
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 08-Aug-2025 16:34:13
