Orissa High Court
Jyotshnamayee Sahu vs Dhananjaya Sahu ....... Opposite Party on 18 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.189 of 2025
Jyotshnamayee Sahu ....... Petitioner
-Versus-
Dhananjaya Sahu ....... Opposite Party
For Petitioner : Mr. A. Mishra, 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 Civil Suit
(Matrimonial) No.20 of 2025, now pending in the Court of
learned Judge, Family Court, Bolangir, to the Court of
learned Judge, Family Court, Sonepur on the grounds
detailed in the transfer petition.
2. Despite notice and giving further opportunity to the
Opposite Party-husband vide order dated 26.09.2025, 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.
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 is a handicapped lady. She is having no source of
income and is staying with her father, on whom she is
dependant for her livelihood. That apart, at her instance, Cr.
P. 36 of 2024 filed under Section 125 of Cr.P.C. for
maintenance is now sub-judice before the learned Judge,
Family Court, Sonepur. In the said proceeding, though an
interim order has been passed directing the Opposite Party-
husband to pay maintenance of Rs.4,000/- per month from
the date of filing of the I.A., till date, the Opposite Party has
not paid a single pie to the Petitioner.
5. After the passing of the said order of interim
maintenance in Cr. P. No.36 of 2024, the Opposite Party, in
order to harass the Petitioner has preferred Civil Suit
(Matrimonial) No.20 of 2025 under Section 13(1) of the
Hindu Marriage Act, 1955 for decree of divorce. Earlier also,
the Petitioner-wife preferred an application under Section 9
of the Hindu Marriage Act, 1955 for restitution of conjugal
rights, which was registered as CP No.45 of 2023 before the
learned Judge, Family Court, Sonepur, which was decreed
in her favour vide Judgment dated 16.03.2024. In the said
proceeding, the Opposite Party-husband, being noticed, was
appearing and contesting the said case before the learned
Judge, Family Court, Sonepur. But now he is intentionally
avoiding to appear in Cr.P. No.36 of 2024. It would be
difficult on her part to attend the day to day proceeding
before the learned Judge, Family Court, Bolangir 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.
8. The learned Judge, Family Court, Bolangir is directed
to transmit the case record in Civil Suit (Matrimonial) No.20
of 2025 to the Court of learned Judge, Family Court,
Sonepur 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 Civil Suit
(Matrimonial) No.20 of 2025 from the Court of learned
Judge, Family Court, Bolangir, the learned Judge, Family
Court, Sonepur shall re-register the said case, if so required,
and proceed further in accordance with law giving due
opportunity to both the parties.
10. Since Cr.P. No.36 of 2024, at the instance of the
Petitioner, is pending before the same Court, for
convenience of parties, both Civil Suit (Matrimonial) No.20
of 2025 and Cr.P. No.36 of 2024 be tried together by posting
both the said cases to same date.
11. It is made clear that both the parties will be at liberty
to appear before the Court of learned Judge, Family Court,
Sonepur 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, Sonepur 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, Sonepur.
12. 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 Civil Suit
(Matrimonial) No.20 of 2025 and participate in the said
proceeding. They are further directed not to ask for
unnecessary adjournments and cooperate with the learned
Judge, Family Court, Sonepur, who shall do well to
conclude both the proceedings in Civil Suit (Matrimonial)
No.20 of 2025 & Cr.P. No.36 of 2024 at the earliest,
preferably within a period of six months from the date of
receipt of the record in Civil Suit (Matrimonial) No.20 of
2025 from the Court of learned Judge, Family Court,
Bolangir.
13. With the said observation and direction, the transfer
petition stands disposed of.
14. Interim order dated 07.07.2025 passed in I.A. No.201
of 2025 stands vacated.
15. Office is directed to communicate a copy of this order
to the Court of learned Judge, Family Court, Bolangir so
also the learned Judge, Family Court, Sonepur for
compliance.
16. 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
