[Cites 2, Cited by 0]
Orissa High Court
Eli Singha vs Aniruddha Das ....... Opposite Party on 10 December, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.258 of 2025
Eli Singha ....... Petitioner
-Versus-
Aniruddha Das ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. D.K. Mohapatra,
Advocate
For Opposite Party : Mr. B.K. Raj,
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of hearing and Judgment: 10.12.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This Transfer Petition has been preferred by the
Petitioner-wife for transfer of proceeding in C.P No.273 of 2024
filed by the Opposite Party-husband, pending in the Court of
learned Judge, Family Court, Balasore, to the Court of learned
Judge, Family Court, Baripada on the grounds detailed in the
transfer petition.
2. Being noticed, though the Opposite Party-husband has
appeared in this case, no written objection has been filed opposing
to such prayer for transfer.
3. However, on consent of the learned Counsel for the
parties, the transfer petition is taken up for hearing and disposal
at the stage of admission, permitting the learned Counsel for the
Opposite Party-husband to have his oral objection to the transfer
petition.
4. Heard learned Counsel for the parties.
5. 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 staying with her old
ailing mother, as her father has died. She has no source of income
to maintain herself. The distance from her parental house to the
Court at Balasore would be around 63 K.Ms. That apart, there is
no male member in her family to accompany her to attend the
proceeding at Balasore. Hence, it would be difficult on her part to
attend the day-to-day proceeding at Balasore by travelling such a
long distance. Learned Counsel for the Petitioner-wife submits, at
the instance of the Petitioner an FIR has been lodged before the
Baripada Sadar P.S., which has been registered as Baripada Sadar
P.S. Case No.87 of 2024 dated 07.05.2024 against the Opposite
Party and the G.R. case is pending at Baripada. Learned Counsel
for the Petitioner further submits, she being a poor lady, had no
money to initiate this transfer petition. Hence, on being
approached, the District Legal Service Authority has assigned this
matter to him to pursue the case of the Petitioner before this
Court.
6. Per contra, opposing to such submission made by
learned Counsel for the Petitioner so also prayer made in the
transfer petition, learned Counsel for the Opposite Party-husband
submits, C.P. No.273 of 2024 has been rightly initiated before the
learned Judge, Family Court, Balasore, having territorial
jurisdiction. That apart, if she faces any difficulty to appear
physically before the Court at Balasore, she can very well move
before the Court below to allow her to appear through virtual
mode.
7. Law is well settled that in matrimonial proceedings,
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)
8. Hence, after going through the pleadings made in the
transfer petition so also taking note of the contentions of 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.
9. The learned Judge, Family Court, Balasore is directed
to transmit the case record in C.P No.273 of 2024 to the Court of
learned Judge, Family Court, Baripada at the earliest, preferably
within a period of one week from the date of production of certified
copy of this judgment.
10. On receiving the case record in C.P No.273 of 2024
from the Court of learned Judge, Family Court, Balasore, the
Court of learned Judge, Family Court, Baripada shall re-register
the said case, if so required, and proceed further in accordance
with law giving due opportunity to both the parties
11. For convenience of the parties, the Court of learned
Judge, Family Court, Baripada 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 below and if it is so ordered, the parties
shall remain physically present before the Court of learned Judge,
Family Court, Baripada.
12. 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.273 of 2024 and attend the
Court of learned Judge, Family Court, Baripada. Both the parties
are further directed not to ask for unnecessary adjournments and
cooperate with the Court of learned Judge, Family Court,
Baripada, who shall do well to conclude the proceeding in C.P
No.273 of 2024 at the earliest.
13. With the said observation and direction, the transfer
petition stands allowed and 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 Court of learned Judge, Family Court, Baripada for
compliance.
15. Interim order dated 26.08.2025 passed in I.A. No.274
of 2025 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, the 10th December, 2025/ Kanhu
Location: High Court of Orissa, Cuttack.
Date: 11-Dec-2025 15:11:14
