Orissa High Court
Rasmita Kumari Raulo vs Jitendra Muni ....... Opposite Party on 25 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.445 of 2021
(An application under Section 24 of the
Code of Civil Procedure, 1908)
Rasmita Kumari Raulo ....... Petitioner
-Versus-
Jitendra Muni ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. R.R. Mishra,
Advocate
For Opposite Party : None
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment: 25.11.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been preferred by the
Petitioner-Wife for transfer of MAT case No.23 of 2021 from the
Court of learned Civil Judge (Senior Division), Aska to the Court
of learned Judge, Family Court, Berhampur on the grounds
detailed in the Transfer Petition.
2. Despite notice, 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.
3. Heard learned Counsel for the Petitioner.
4. Reiterating the grounds urged in the transfer petition,
learned Counsel for the Petitioner submits, the Petitioner is a
deserted lady. After her desertion, she is staying with her old
and ailing father at Berhampur. That apart, the distance from
her father's house to the Court at Aska is around 80 KMs. There
is no male member in her family to accompany her to attend the
day to day proceeding at Aska. That apart, for her livelihood,
after her desertion, the Petitioner is serving as Teacher in a
School at Berhampur.
5. Learned Counsel for the Petitioner further submits, at
the instance of the Petitioner, C.P. No.452 of 2021 is now
pending in the Court of learned Judge Family Court,
Berhampur, Ganjam for restitution of conjugal rights. The
present Opposite Party, being the Opposite Party in the said
case, has already appeared and is contesting the said case
before the Court of learned Judge, Family Court, Berhampur,
Ganjam. That apart, the Opposite Party-husband is serving as
Sub-Inspector of Police at Paradip. It would also be convenient
for him, if the MAT Case No.23 of 2021 is transferred to the
Court at Berhampur.
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. In view of the reasons detailed in the transfer
petition so also submissions 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 Civil Judge (Sr.
Division), Aska is directed to transmit the case record in MAT
Case No.23 of 2021 to the Court of learned Judge, Family Court,
Berhampur at the earliest, preferably within a period of one
week from the date of production of certified copy of this
Judgment.
9. On receiving the case record in MAT Case No.23 of
2021 from the Court of learned Civil Judge (Sr. Division), Aska,
the learned Judge, Family Court, Berhampur 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 C.P. No.452 of 2021, at the instance of the
Petitioner, is pending before the same Court, for convenience of
parties, both MAT Case No.23 of 2021 and C.P. No.452 of 2021
be tried together by posting both the said cases to same date.
11. The learned Judge, Family Court, Berhampur 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. 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, Berhampur.
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 MAT Case No.23 of 2021 and
participate in the proceeding in the Court of learned Judge,
Family Court, Berhampur. They are further directed not to ask
for unnecessary adjournments and cooperate with the learned
Judge, Family Court, Berhampur who shall do well to conclude
both the proceedings in MAT Case No.23 of 2021 and C.P.
No.452 of 2021 at the earliest, preferably within a period of six
months from the date of receipt of the record in MAT Case No.23
of 2021 from the Court of learned Civil Judge (Sr. Division),
Aska.
13. With the said observation and direction, the transfer
petition stands disposed of.
14. Interim order dated 31.01.2022 passed in I.A. No.509
of 2021 stands vacated.
15. Office is directed to communicate a copy of this
Judgment to the Court of learned Civil Judge (Sr. Division),
Aska so also the learned Judge, Family Court, Berhampur,
Ganjam 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, the 25th November, 2025/ Prasant
Signed by: PRASANT KUMAR PRADHAN
Date: 26-Nov-2025 18:03:44
