Orissa High Court
Jharana Dalei vs Ashok Kumar Dalei ....... Opposite ... on 18 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.237 of 2025
Jharana Dalei ....... Petitioner
-Versus-
Ashok Kumar Dalei ....... Opposite Party
Advocate for the parties
For Petitioner : Ms. P. Jena,
Advocate
For Opposite Party : None
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment: 18.11.2025
_____________________________________________________________
S.K. MISHRA, J.
1. Despite notice, the Opposite Party-husband goes
unrepresented on call. However, on being prayed by learned
Counsel for the Petitioner, the present transfer petition is taken up
for hearing and disposal in absence of the Opposite Party.
2. This transfer petition has been preferred by the
Petitioner-wife for transfer of proceeding in C.P. No.95 of 2025,
preferred by the Opposite Party-husband, now pending in the
Court of learned Judge, Family Court, Dhenkanal, to the Court of
learned Judge, Family Court, Cuttack on the grounds detailed in
the Transfer Petition.
3. Heard learned Counsel for the Petitioner.
4. The prayer for transfer has been made on the grounds
that the Petitioner is a deserted lady. She was being driven out
from her matrimonial home. After her desertion, she is residing at
her uncle's house at Shaik Bazar, Cuttack. She has no source of
income and she is leading a very miserable life. She has two
daughters and one son. To maintain her livelihood so also her
children's, she is totally dependent on her parents so also uncle,
for which she is searching for work. That apart, the Petitioner has
filed two FIRs before the Dhenkanal Town P.S., which have been
registered as Dhenkanal Town P.S. Case No.183 of 2025 so also
Dhenkanal Town P.S. Case No.364 of 2025. Hence, there is a
danger to her life, if she attends the day-to-day proceeding before
the Court at Dhenkanal. That apart, the Petitioner-wife has filed
Cr. P. No.126 of 2025 under Section 125 Cr. P.C. before the
learned Judge, Family Court, Cuttack for maintenance.
5. Law is well settled that, while dealing with transfer
petitions in matrimonial cases, convenience of the wife must be
looked at and proceedings involving common question of fact and
law to be tried together. 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.
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)
6. In view of the reasons detailed in the transfer petition
so also submission made by the learned Counsel for the Petitioner
and the settled position of law, the prayer made in the transfer
petition is allowed.
7. The learned Judge, Family Court, Dhenkanal is
directed to transmit the case record in C.P. No.95 of 2025 to the
Court of learned Judge, Family Court, Cuttack 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.95 of 2025 from
the Court of learned Judge, Family Court, Dhenkanal, the learned
Judge, Family Court, Cuttack shall re-register the said case, if so
required, and proceed further in accordance with law giving due
opportunity to both the parties.
9. Since Cr. P. No.126 of 2025, at the instance of the
Petitioner-wife, is also pending before the same Court, for
convenience of parties, both C.P. No.95 of 2025 and Cr. P. No.126
of 2025 be tried together by posting both the said cases to same
date.
10. The learned Judge, Family Court, Cuttack 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, if so prayed
by any of the parties. However, it is made clear that, 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,
Cuttack.
11. The parties are directed not to ask for unnecessary
adjournments and cooperate with the learned Judge, Family Court,
Cuttack, who shall do well to conclude both the proceedings in
C.P. No.95 of 2025 as well as Cr. P. No.126 of 2025 at the earliest.
12. With the said observation and direction, the transfer
petition stands disposed of.
13. Office is directed to communicate a copy of this
judgment to the Court of learned Judge, Family Court, Dhenkanal
so also the learned Judge, Family Court, Cuttack 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, 18th November, 2025/ Kanhu
Location: High Court of Orissa, Cuttack.
Date: 19-Nov-2025 17:56:13
