Orissa High Court
Mita Parida vs Balaram Patra ....... Opposite Party on 18 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.170 of 2025
Mita Parida ....... Petitioner
-Versus-
Balaram Patra ....... Opposite Party
For Petitioner : Mr. P. K.Jena, Advocate
For Opposite Party : None
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 18.11.2025
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S.K. MISHRA, J.
The present transfer petition has been preferred by the
Petitioner-wife for transfer of proceeding in CP No.63 of
2025, now pending in the Court of learned Judge, Family
Court, Baripada, Mayurbhanj, to the Court of learned
Judge, Family Court, Balasore on the grounds detailed in
the transfer petition.
2. Despite notice and giving further opportunity to the
Opposite Party vide order dated 17.10.2025, the Opposite
Party-husband goes unrepresented when the matter is
called. Hence, as prayed by the learned Counsel for the
Petitioner, the transfer petition is taken up for hearing and
disposal in absence of the Opposite Party-husband.
3. Heard learned Counsel for the Petitioner.
4. Reiterating the grounds urged in the transfer petition,
learned Counsel for the Petitioner submits that, the
Petitioner being a deserted lady and having no income, is at
present staying with her father at Panchupada, PS-Basta in
the District of Balasore. The financial condition of her father
is very poor. Even, he is unable to provide proper food and
shelter to the Petitioner and her child. Further, the travelling
and other legal expenses will be an additional financial
burden on her father, if she is asked to appear before the
learned Judge, Family Court at Baripada, Mayurbhanj. That
apart, it would be difficult on her part to attend the day to
day proceeding before the learned Judge, Family Court,
Baripada, by travelling from Balasore to Baripada.
5. Law is well settled that, while considering application
for transfer of matrimonial proceedings, convenience of wife
must be looked at. In the case of (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)
7. In view of the reasons detailed in the transfer petition,
submission made by the learned Counsel for the Petitioner
and the settled position of law, the prayer made in the
transfer petition is allowed.
8. The learned Judge, Family Court, Baripada,
Mayurbhanj is directed to transmit the case record in C.P.
No.63 of 2025 to the Court of learned Judge, Family Court,
Balasore at the earliest, preferably within a period of one
week from the date of production of certified copy of this
order.
9. On receiving the case record in C.P. No.63 of 2025
from the Court of learned Judge, Family Court, Baripada,
Mayurbhanj, the learned Judge, Family Court, Balasore
shall re-register the said case, if so required, and proceed
further in accordance with law giving due opportunity to
both the parties.
10. It is made clear that both the parties will be at liberty
to appear before the Court of learned Judge, Family Court,
Balasore 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 learned
Judge, Family Court, Balasore is requested to explore the
facility of video conferencing available in the said Court and
allow the parties to appear through video conferencing
mode, 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, if any, shall remain physically present before the
learned Judge, Family Court, Balasore.
11. To avoid delay and notice, both the parties are directed
to make a query themselves or through their Counsel from
the Court of learned Judge, Family Court, Balasore to
ascertain the date and purpose of posting of CP No.63 of
2025 and participate in the said proceeding.
12. Both the parties are further directed not to seek for
unnecessary adjournments and cooperate with the learned
Judge, Family Court, Balasore for early disposal of CP No.63
of 2025.
13. With the said observation and direction, the transfer
petition stands disposed of.
14. Interim order dated 15.07.2025 passed in I.A. No.169
of 2025 stands vacated.
15. Office is directed to communicate a copy of this order
to the Court of learned Judge, Family Court, Baripada,
Mayurbhanj so also the learned Judge, Family Court,
Balasore for compliance.
16. Urgent certified copy of the judgment be granted on
proper application as per rules.
.............................
S.K. Mishra, J.
Orissa High Court, Cuttack.
Dated, 18th November, 2025/ Mona
Location: High Court of Orissa
