Orissa High Court
Ayesha Rafiqe vs Abdul Ashad ....... Opposite Party on 17 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.235 of 2024
Ayesha Rafiqe ....... Petitioner
-Versus-
Abdul Ashad ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. B.P. Mohanty
Advocate
For Opposite Party : Mrs. K.P. Mukhi
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment : 17.11.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been preferred by the
Petitioner-Wife for transfer of proceeding in C.P. No.42 of 2024,
now pending in the Court of learned Judge, Family Court,
Kendrapara, to the Court of learned Judge, Family Court,
Bhubaneswar on the grounds detailed in the transfer petition.
2. Though the Opposite Party-Husband has appeared,
no written objection has been filed till date opposing to such
prayer for transfer. However, on consent of the learned
Counsel for the Parties, the matter is taken up for hearing and
disposal at the stage of admission.
3. Heard learned Counsel for the parties.
4. Learned Counsel for the Petitioner, reiterating the
grounds urged in the transfer petition, submits that the Petitioner
being a deserted lady, having no income, is at present staying with
her parents at Bhubaneswar. Further, in view of the settled
position of law, the prayer made in the transfer petition deserves to
be allowed.
5. On being asked, learned Counsel for the Opposite
Party submits, as per the instruction received, she has no
objection to the prayer made in the transfer petition. However, the
Opposite Party-Husband be permitted to appear through Virtual
Mode in case he faces any difficulty to appear physically before the
Court of learned Judge, Family Court, Bhubaneswar, after C.P.
No.42 of 2024 is transferred to the said Court. That apart learned
Judge, Family Court, Bhubaneswar be directed to conclude the
proceeding in C.P. No.42 of 2024 within a stipulated period.
6. Law is well settled that, while dealing with the
application for transfer of matrimonial proceedings, the Court has
to examine various factors and the most important factor is
convenience of wife.
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 was 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 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. So far as the submission made by the learned Counsel
for the Opposite Party-Husband to permit his client to appear
through Virtual Mode before the Court of learned Judge, Family
Court, Bhubaneswar, in a recent Judgment, reported in 2025 Live
Law (Ori) 91 (Chittaranjan Padhiary & ors. Vs. Jasmin Das),
this Court permitted the parties to appear through virtual mode
with the following observations:
"However, in view of the reasons detailed
in the forgoing paragraphs, this Court is of
the view that interest of justice will be best
served, if the parties, who are either
stationed or serving at different places, are
permitted to appear through virtual mode
before the concerned Courts."
9. Accordingly, the prayer for transfer of C.P. No.42 of 2024,
pending in the Court of learned Judge, Family Court, Kendrapara,
to the Court of learned Judge, Family Court, Bhubaneswar is
allowed.
10. The learned Judge, Family Court, Kendrapara is directed to
transmit the case record in C.P. No. 42 of 2024 to the Judge,
Family Court, Bhubaneswar at the earliest, preferably within a
period of one week from the date of production of certified copy of
this judgment.
11. On receiving the case record in C.P. No.42 of 2024 from
the Court of learned Judge, Family Court, Kendrapara, the learned
Judge, Family Court, Bhubaneswar shall re-register the said case,
if so required, and proceed further in accordance with law giving
due opportunity to both the parties.
12. The learned Judge, Family Court, Bhubaneswar is
requested to explore the facilities of Video Conferencing available
in the said Court and permit the parties to appear through virtual
mode, following due procedure, as prescribed under the Orissa
High Court Video Conferencing for Courts Rules, 2020, if so
prayed by any of the parties. 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,
Bhubaneswar.
13. After the case is transferred to the Court of learned
Judge, Family Court, Bhubaneswar, to avoid delay and notice,
both the Parties are directed to make a query before the Judge,
Family Court, Bhubaneswar themselves or through their Counsels
to ascertain the date and purpose of posting of C.P. No.42 of 2024,
and participate in the said proceeding.
14. Both the Parties are further directed not to seek for
unnecessary adjournments and cooperate with the learned Judge,
Family Court, Bhubaneswar, who shall do well to conclude the
said proceeding at the earliest.
15. With the said observation and direction, the transfer
petition stands allowed and disposed of.
16. Office is directed to communicate a copy of this
judgment to the Court of learned Judge, Family Court, Kendrapara
so also the learned Judge, Family Court, Bhubaneswar for
compliance.
17. Interim order dated 22.08.2024 passed in I.A. No.231
of 2024 stands vacated.
18. Urgent certified copy of this judgment be granted on
proper application as per rules.
...............................
S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, 17th November, 2025/ Banita
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 19-Nov-2025 17:29:58
