Orissa High Court
Sunita Sahu vs Mahendra Kumar Sahu ....... Opposite ... on 24 July, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.104 of 2019
Sunita Sahu ....... Petitioner
-Versus-
Mahendra Kumar Sahu ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. Ashok Das,
Advocate
For Opposite Party : None
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment: 24.07.2025
_____________________________________________________________
S.K. MISHRA, J.
1. Vide order dated 02.07.2025, notice on the Opposite
Party was held to be sufficient. However, to grant further
opportunity to the Opposite Party, the matter stood adjourned
indicating that if the Opposite Party goes unrepresented on the
adjourned date, the matter shall be heard and disposed of in
accordance with law in absence of the Opposite Party. Despite
such order, today also the Opposite Party goes unrepresented
when the matter is called. Hence, on being prayed by the learned
Counsel for the Petitioner, the transfer petition is taken up for
hearing and final disposal in absence of the Opposite Party.
2. This transfer petition has been filed by the Petitioner-
wife for transfer of Matrimonial Case No.70/71 of 2018 filed by the
Opposite Party-husband, pending in the Court of Judge, Family
Court, Bargarh, to the Court of Judge, Family Court, Berhampur,
Ganjam.
3. Heard learned Counsel for the Petitioner-wife.
4. Reiterating the ground urged in the transfer petition,
learned Counsel for the Petitioner-wife submits, after her
desertion, she is residing with her brother at Berhampur
permanently and is totally dependent on her brother's income. She
being a deserted lady and having no source of income, it would be
difficult on her part to attend the proceeding before the Judge,
Family Court, Bargarh, as the distance from Berhampur to
Bargarh is about 600 K.Ms. That apart, there is also risk to her
life, if she attends the Court at Bargarh. Accordingly, she prays for
transfer of proceeding in Matrimonial Case No.70/71 of 2018 from
the Court of Judge, Family Court, Bargarh to the Court of Judge,
Family Court, 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, Bargarh is directed to
transmit the case record in Matrimonial Case No.70/71 of 2018 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 Matrimonial Case
No.70/71 of 2018 from the Court of Judge, Family Court, Bargarh,
the Court of Judge, Family Court, Berhampur shall re-register the
said case, if so required, and proceed further in accordance with
law giving due opportunity to both the parties.
9. As the Opposite Party-husband is allegedly working as
a Driver in the Office of the Tahasildar, Bargarh, 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. Both the parties are directed not to ask for unnecessary
adjournments and cooperate with the Judge, Family Court,
Berhampur, who shall do well to conclude the proceeding in
Matrimonial Case No.70/71 of 2018 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, Bargarh.
11. With the said observation and direction, the transfer
petition stands disposed of.
12. Interim order dated 16.04.2025 passed in I.A. No.112
of 2019 stands vacated.
13. Office is directed to communicate a copy of this
judgment to the Court of Judge, Family Court, Bargarh 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
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 25-Jul-2025 17:38:29
