Orissa High Court
Diptimayee Mohapatra vs Keshaba Kumar Pati ....... Opposite ... on 8 July, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C). No.5 of 2023
Diptimayee Mohapatra ....... Petitioner
-Versus-
Keshaba Kumar Pati ....... Opposite Party
For Petitioner : Mr. A.K. Das, Advocate
For Opposite Party : Mr. M. Mishra, Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 08.07.2025
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S.K. MISHRA, J.
This transfer petition has been filed by the Petitioner-wife
for transfer of proceeding in C.P. No.78 of 2022 filed by the
Opposite Party-husband for divorce, pending in the Court of
Judge, Family Court, Kendrapara to the Court of Judge, Family
Court, Dhenkanal. Such a prayer has been made basically on the
grounds that the Petitioner is a deserted lady and now staying
with her old ailing mother after the death of her father. The
distance from her native place to Kendrapara would be around
200 Kms for which, it would be difficult on her part to attend the
Court at Kendrapara on each date. She being a deserted lady,
her financial condition is very poor and she is not in a position to
travel with her mother to attend the Court at Kendrapara and
return to Dhenkanal on the same day.
2. Apart from that, other proceedings, i.e. CRP No.203 of
2022 filed by the Petitioner under Section 125 Cr.P.C. before the
Judge, Family Court, Dhenkanal, wherein the Opposite Party
has appeared and G.R. Case No.516 of 2022, arising out of
Gondia, P.S. Case No.303 of 2022 before the JMFC, Gondia, in
the district of Dhenkanal are now pending. The Opposite Party-
husband and her in-laws are the accused persons in G.R. Case
No.516 of 2022 and they have to face the trial at Gondia.
3. A Counter has been filed by the Opposite Party-husband
opposing to such prayer for transfer on the ground that he is
having old ailing parents and nobody is there to look after them
and it would be difficult on his part to attend the case at
Dhenkanal. It has been stated in the Counter that the Opposite
Party was threatened by the Petitioner, when she left the house
of the Opposite Party for which, police protection would be
required to appear in the said case at Dhenkanal.
4. Reiterating the grounds detailed in the transfer petition,
learned Counsel for the Petitioner submits, as per the settled
position of law, so far as transfer of matrimonial proceedings are
concerned, the convenience of the wife is the paramount
consideration. To substantiate his submission, he relies on the
Judgment of the Supreme Court reported in 2022 SCC OnLine
SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha).
5. Learned Counsel for the Petitioner further submits,
though, at the time of filing of this transfer petition CRP No.203
of 2022 was pending before the Court of Family Judge,
Dhenkanal, as per the instruction received from the Petitioner,
CRP No.203 of 2022 was disposed of on 13.01.2025 and now the
Petitioner has initiated an execution proceeding for execution of
the order passed in CRP No.203 of 2022, which is now pending
before the Judge, Family Court, Dhenkanal. In the said
execution proceeding, the present Opposite Party is yet to
appear. Rather, if C.P. No.78 of 2022 is transferred to the Court
of Judge, Family Court, Dhenkanal, where the execution
proceeding is pending, it would be convenient for the Opposite
Party-husband to appear in both the said cases and he may
request the concerned Court to post both the said cases to a
same date enabling him to appear in one date instead of
travelling to Dhenkanal on different dates.
6. Per contra, learned Counsel for the Opposite Party
submits, since both the Petitioner-wife so also Opposite Party-
husband have allegation and counter allegation of life threat, the
case may be transferred to Cuttack, which would be convenient
for both the parties to attend the proceeding in C.P. No.78 of
2022 before the Court of Judge, Family Court, Cuttack.
7. At this juncture, it would be apt to deal with the
Judgment of the Supreme Court reported in 2022 SCC OnLine
SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha),
wherein it is held as follows:-
"8. It is not disputed that the appellant is the
resident of Chennai and that the appellant's
husband-respondent herein is the resident of
Vellore and he is employed. The appellant who
is 21 years old does not have any source of
income of her own as she is not employed
and is totally dependent on her parents for
her livelihood. In order to attend the court
proceedings of the case filed by her husband at
Vellore she has to travel alone all the way from
Chennai to Vellore as her parents are not in a
position to accompany her on account of their old
age. Secondly, the appellant has also filed a
petition, H.M.O.P. No.1741 of 2021, for
restitution of conjugal rights and another
petition, M.C. Sr. No.672 of 2021, for her
maintenance before the Family Court at
Chennai.
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 behavioral
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
socioeconomic 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)
8. Hence, taking into consideration the grounds urged in the
transfer petition so also the submission 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.
9. The Judge, Family Court, Kendrapara is directed to
transmit the case record in CP No.78 of 2022 to the Court of
Judge, Family Court, Dhenkanal at the earliest, preferably
within a period of seven days from the date of production of
certified copy of this order.
10. On receiving the case record in CP No.78 of 2022 from the
Judge, Family Court, Kendrapara, the Court of Judge, Family
Court, Dhenkanal shall re-register the said case, if so required,
and proceed further in accordance with law giving due
opportunity to both the parties.
11. It is made clear that both the parties will be at liberty to
appear before the Judge, Family Court, Dhenkanal through
virtual mode, with due permission of the concerned Court, in
case they face any difficulty on any date to appear physically
before the said Court. The Judge, Family Court, Dhenkanal is
requested to explore the facilities of video conferencing available
in the said Court and allow the parties to appear through video
conferencing following the guidelines 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 so also their witnesses shall remain
physically present before the Judge, Family Court, Dhenkanal.
12. After transfer of proceeding, to avoid delay and notice,
both the parties, either in person or through their Counsel, shall
make a query with the Court of Judge, Family Court, Dhenkanal
to ascertain the date and purpose of posting and participate in
the said proceeding.
13. Since the case is of the year 2022, the Judge, Family
Court, Dhenkanal shall do well to dispose of the said case at the
earliest, preferably within a period of six months from the date of
receipt of record from the Court of Judge, Family Court,
Kendrapara. The parties are directed not to seek for unnecessary
adjournments and cooperate with the said Court for early
disposal of C.P. No.78 of 2022.
14. With the said observation and direction, the transfer
petition stands disposed of.
15. Office is directed to communicate a copy of this order to
the Court of Judge, Family Court, Kendrapara so also the Court
of Judge, Family Court, Dhenkanal enabling the said Courts to
act in terms of the observation made above.
16. Interim order dated 09.01.2023 passed in I.A. No.06 of
2023 stands vacated.
17. Urgent certified copy of this order be granted on proper
application as per rules.
..........................
S.K. Mishra, J.
Orissa High Court, Cuttack.
Dated, 8th July, 2025/ Mona
Location: High COurt of Orissa
