Orissa High Court
Rashmita Choudhury vs Ramiya Ranjan Dash ....... Opposite ... on 23 July, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.158 of 2023
Rashmita Choudhury ....... Petitioner
-Versus-
Ramiya Ranjan Dash ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. S. Kanhar,
Advocate
For Opposite Party : Mr. S.K. Nayak,
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment: 23.07.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been filed by the Petitioner-
wife for transfer of C.P No.09 of 2023 filed by the Opposite Party-
husband, pending in the Court of Judge, Family Court,
Sambalpur, to the Court of 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, after her
desertion, she is leading a miserable life and staying with her
parents at Village-Penthapalli, P.O.-Dura, P.S.-Gopalpur in the
district of Ganjam, which comes under the territorial jurisdiction
of Judge, Family Court, Berhampur. He further submits, at the
instance of the Petitioner-wife, at present, three proceedings are
pending in various Courts at Berhampur. She has filed M.C. No.29
of 2023 (D.V.) and lodged an FIR before the Berhampur Mahila
P.S. Both the said cases are now pending before the Court of
Judicial Magistrate First Class (Rural) Cog. Taking, Berhampur.
Criminal Proceeding No.71 of 2023 for maintenance is now
pending before the Judge, Family Court, Berhampur. If the
proceeding in C.P. No.09 of 2023 is transferred to the Judge,
Family Court, Berhampur, both the said cases can be heard and
disposed of together. He further submits, even if an application
has been filed under Section 125 Cr.P.C. for maintenance, till date
no order could be passed in the said case because of the non-
cooperation of the Opposite Party-husband in the said case.
Because of her poor financial condition, she is unable to travel
from her native place, i.e., Village-Penthapalli, to the Court at
Sambalpur to attend the proceeding in C.P. No.09 of 2023 on each
and every day. Accordingly, he prays for transfer of the said
proceeding to the Court of Judge, Family Court, Berhampur.
4. Though no written objection has been filed opposing to
the prayer for transfer, per contra, learned Counsel for the
Opposite Party-husband submits, the Opposite Party, being a
software engineer, is at present serving somewhere in U.S.A. . If
the proceeding is transferred to the Court of Judge, Family Court,
Berhampur there is a life threat to his client. Rather the said case
should be transferred to a neutral place in between Sambalpur
and Berhampur.
5. Law is well settled that in matrimonial proceeding
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)
6. However, 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.
7. The Judge, Family Court, Sambalpur is directed to
transmit the case record in C.P No.09 of 2023 to the Court of
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.
8. On receiving the case record in C.P No.09 of 2023 from
the Court of Judge, Family Court, Sambalpur, the 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.09 of
2023 so also Criminal Proceeding No.71 of 2023, together and
proceed further in accordance with law giving due opportunity to
both the parties.
9. As the Opposite Party-husband is allegedly serving in
United States of America, for convenience of the parties, the
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 Judge, Family
Court, Berhampur.
10. 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.09 of 2023 and attend the
Court of the 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.09 of 2023 so also
Criminal Proceeding No.71 of 2023 at the earliest, preferably
within a period of six months from the date of receipt of the record
from the Court of Judge, Family Court, Sambalpur.
11. With the said observation and direction, the transfer
petition stands disposed of.
12. Interim order dated 12.10.2023 passed in I.A. No.175
of 2023 stands vacated.
13. Office is directed to communicate a copy of this
judgment to the Court of Judge, Family Court, Sambalpur so also
the Judge, Family Court, Berhampur for compliance.
14. Urgent certified copy of this judgment be granted on
proper application as per rules.
...............................
S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, 23rd July, 2025/ Kanhu
Designation: Junior Stenographer
Location: High Court of Orissa, Cuttack.
Date: 25-Jul-2025 17:35:36
