Orissa High Court
Pallabi Pradhan vs Sanjaya Kumar Sahoo ....... Opposite ... on 18 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.145 of 2025
Pallabi Pradhan ....... Petitioner
-Versus-
Sanjaya Kumar Sahoo ....... Opposite Party
For Petitioner : Mr. N. Sahoo, 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.240 of
2025, now pending in the Court of learned Judge, Family
Court, Bhubaneswar, to the Court of learned Judge, Family
Court, Cuttack, with a further prayer for analogues hearing
with Crl. Petition No.80 of 2025, which is also pending
before learned Judge, Family Court, Cuttack, on the
grounds detailed in the transfer petition.
2. Despite notice and giving further opportunity to the
Opposite Party-husband vide order dated 17.10.2025, the
Opposite Party 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.
4. Heard learned Counsel for the Petitioner.
5. Reiterating the grounds urged in the transfer petition,
learned Counsel for the Petitioner submits that the
Petitioner, after her desertion, is staying with her widow
mother, who has no income. She is facing a miserable life
and living in a distressed condition, for which she has filed
an application under Section 144 of BNSS for maintenance
before the learned Judge, Family Court, Cuttack. Though
the Opposite Party-husband, being the Opposite Party in
Crl.P No.80 of 2025, was noticed to appear in the said case,
he is intentionally avoiding to appear in Crl. Petition No.80
of 2025. It would be difficult on her part to attend the day
to day proceeding before the learned Judge, Family Court,
Bhubaneswar having no income.
6. 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)
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. The learned Judge, Family
Court, Bhubaneswar is directed to transmit the case record
in C.P. No.240 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
order.
8. On receiving the case record in C.P. No.240 of 2025
from the Court of learned Judge, Family Court,
Bhubaneswar, 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 Crl.P. No.80 of 2025, at the instance of the
Petitioner, is pending before the same Court, for
convenience of parties, both C.P. No.240 of 2025 and Crl.P.
No.80 of 2025 be tried together by posting both the said
cases to same date.
10. It is made clear that both the parties will be at liberty
to appear before the Court of learned Judge, Family Court,
Cuttack 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, Cuttack 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, Cuttack.
11. To avoid delay and notice, the parties are directed to
make a query themselves or through their Counsel
regarding the date and purpose of posting of C.P. No.240 of
2025 and participate in the proceeding. They are further
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.240 of 2025 & Crl.P. No.80 of 2025 at the earliest,
preferably within a period of six months from the date of
receipt of the record in C.P. No.240 of 2025 from the Court
of learned Judge, Family Court, Bhubaneswar.
12. With the said observation and direction, the transfer
petition stands disposed of.
13. Interim order dated 17.07.2025 passed in I.A. No.170
of 2025 stands vacated.
14. Office is directed to communicate a copy of this
Judgment to the Court of learned Judge, Family Court,
Bhubaneswar so also the learned Judge, Family Court,
Cuttack for compliance.
15. 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/ Mona
Location: High Court of Orissa
