Orissa High Court
Tuni @ Rasmimala Sahu vs Narayan Sahu ....... Opposite Party on 20 August, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.354 of 2024
Tuni @ Rasmimala Sahu ....... Petitioner
-Versus-
Narayan Sahu ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. Rajesh Kumar Maharana,
Advocate
For Opposite Party : Ms. Sharmistha Pradhan,
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment: 20.08.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been filed by the Petitioner-
wife for transfer of C.P Case No.129 of 2024 filed by the Opposite
Party-husband, pending in the Court of learned Judge, Family
Court, Bhubaneswar, Khurda, to the Court of learned Judge,
Family Court, Berhampur, Ganjam 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, the Petitioner-wife
is a deserted lady. After her desertion, she is leading a miserable
life having no source of income and is totally dependent on her
parents. That apart, at the instance of the Petitioner-wife Misc.
Case No.91 of 2024 filed under the provisions of Protection of
Women from Domestic Violence Act, 2005, is now pending in the
Court of learned J.M.F.C.(R), Berhampur and Cr. P. No.163 of
2024 filed under Section 125(1) of Cr.P.C. is pending before the
learned Judge, Family Court, Berhampur, Ganjam. That apart,
G.R. Case No.926 of 2024, corresponding to Berhampur Mahila
P.S. Case No.54 of 2024 under Sections 498-
A/294/323/342/506/34 of I.P.C., 1860 read with Section 4 of the
Dowry Prohibition Act, 1961 is now pending in the Court of
learned S.D.J.M, Berhampur. In all the cases, the Opposite Party-
husband has appeared and is contesting those cases. He further
submits, if C.P. No.129 of 2024 is transferred to the Court of
learned Judge, Family Court, Berhampur, it can be tried together
with Cr.P. No.163 of 2024, which is now pending before the same
Court.
4. A written objection has been filed by the Opposite
Party-husband opposing to such prayer for transfer on the ground
that, the Petitioner can readily avail virtual hearing facility on most
of the occasions, except on occasions where her personal
attendance becomes indispensable. It has further been opposed on
the ground that the plea of two other proceedings are pending at
Berhampur for transfer of CP should not be entertained, as such
institution of cases is a product of afterthought and have been filed
after filing of C.P No.129 of 2024. The Opposite Party-husband,
being harassed, both mentally and physically, by both the
Petitioner-wife as well as her family members, apprehends danger
and threat to his life. It has further been stated in the Objection
that, it is desirable to get the matter to any neutral venue between
Bhubaneswar and Berhampur, if the Petitioner-wife does not agree
to receive the Court expenses and attend the proceeding at
Bhubaneswar. When the virtual hearing facility is available at
Bhubaneswar and the Petitioner-wife being reasonably qualified to
handle a smartphone as well as a computer system or laptop for
the purpose of hearing, there would not be any difficulty on her
part to participate in the proceeding at Bhubaneswar.
5. Learned Counsel for the Opposite Party reiterating such
grounds submits, her client is ready and willing to bear the
expenses of the Petitioner-wife to attend the proceeding at
Bhubaneswar in C.P. No.129 of 2024.
6. In view of such submission made by the learned
Counsel for the Opposite Party, it would be apt to deal with the
judgment of the Supreme Court in (N.C.V. Aishwarya Vs. A.S.
Saravana Karthik Sha), reported in 2022 SCC Online SC 1199,
wherein it is 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)
7. Admittedly three proceedings are pending at
Berhampur at the instance of the Petitioner-wife. After going
through the pleadings made in the transfer petition so also taking
note of the contentions made by learned Counsel for the parties
and the settled position of law, this Court is inclined to allow the
prayer made in the transfer petition.
8. Accordingly, the learned Judge, Family Court,
Bhubaneswar is directed to transmit the case record in C.P No.129
of 2024 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 C.P No.129 of 2024
from the Court of learned Judge, Family Court, Bhubaneswar, the
learned Judge, Family Court, Berhampur shall re-register the said
case, if so required, and shall do well to try both the proceedings,
i.e., C.P No.129 of 2024 so also Cr. P. No.163 of 2024, together
and proceed further in accordance with law giving due opportunity
to both the parties.
10. 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.
11. 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.129 of 2024 and attend the
Court of the learned Judge, Family Court at Berhampur. Both the
parties are further directed not to ask for unnecessary
adjournments and cooperate with the Judge, Family Court,
Berhampur, who shall do well to conclude the proceeding in C.P
No.129 of 2024 so also Cr. P. No.163 of 2024 at the earliest,
preferably within a period of six months from the date of receipt of
the record from the Court of learned Judge, Family Court,
Bhubaneswar.
12. With the said observation and direction, the transfer
petition stands disposed of.
13. Interim order dated 19.11.2024 passed in I.A. No.365
of 2024 stands vacated.
14. Office is directed to communicate a copy of this
judgment to the Court of learned Judge, Family Court,
Bhubaneswar so also the learned Judge, Family Court, Berhampur
for compliance.
15. Urgent certified copy of this judgment be granted on
proper application as per rules.
...............................
S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, 20th August, 2025/ Kanhu
Location: High Court of Orissa, Cuttack.
Date: 21-Aug-2025 19:09:11
