Orissa High Court
Hasida Begum vs Emran Khan ....... Opposite Party on 12 November, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.273 of 2025
Hasida Begum ....... Petitioner
-Versus-
Emran Khan ....... Opposite Party
For Petitioner : Mr. A. Pati, Advocate
For Opposite Party : Mr. B.K. Dash, Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 12.11.2025
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S.K. MISHRA, J.
1. This transfer petition has been preferred by the
Petitioner-Wife for transfer of proceeding in C.P. No.153 of
2023, pending in the Court of learned Judge, Family Court,
Khurda, to the Court of learned Judge, Family Court,
Bhubaneswar on the grounds detailed in the transfer
petition.
2. Though the Opposite Party-Husband has
appeared, till date no written objection has been filed
opposing to such prayer for transfer. However, on consent of
the learned Counsel for the Parties, the transfer petition is
taken up for hearing and disposal at the stage of admission,
permitting the learned Counsel for the Opposite Party-
Husband to raise his oral objections, if any, to the prayer
made in the transfer petition.
3. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner submits that the
Petitioner-Wife is a deserted lady. She being a deserted lady,
having no source of income, is totally dependent on her
parents for her maintenance so also for maintenance of her
minor son, who is around 11 years old. That apart, she has
also filed an application for maintenance before the learned
Family Court-I, Bhubaneswar, which has been registered as
Cr.P. No.134 of 2024.
4. That apart, if she is asked to appear before the
Learned Judge, Family Court, Khordha, there is a life threat
to her and it would be difficult on her part to attend the day
to day proceeding at Khordha.
5. Per contra, learned Counsel for the Opposite
Party opposes to such prayer for transfer on the ground that
the Petitioner is a permanent resident of village Kanas. The
distance from Kanasa to Khordha is around 27 K.Ms.,
whereas the distance from Kanasa to Bhubaneswar is
around 50 K.Ms. He further submits, his client is residing in
Tangi, which is around 20 K.Ms. away from Khordha
towards Berhampur. It would be difficult on the part of his
client to attend the proceeding in C.P. No.153 of 2023 at
Bhubaneswar.
6. Even though the Petitioner's parental house is in
the village Kanasa, but at present she is residing at Plot
No.197/1929, Greenland Colony, Kolathia, P.S.-Bharatpur,
Bhubaneswar, Dist-Khordha, as has been disclosed in the
transfer petition. There is no material on record to disbelieve
such statement made by the Petitioner in the cause title of
the transfer petition so also averments made in the I.A.
7. That apart, at the instance of the Petitioner, Cr.P.
No.134 of 2024 for maintenance is pending in the Court of
learned Judge, Family Court-I, Bhubaneswar.
8. Law is well settled that, while dealing with the
application for transfer of matrimonial proceedings, the
Court has to examine various factors and most important
factor is the convenience of wife.
9. 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:-
"8. It is not disputed that the appellant is the
resident of Chennai and that the appellant's
husband-respondent herein is the resident of
Vellore and he is employed. The appellant who
is 21 years old does not have any source of
income of her own as she is not employed
and is totally dependent on her parents for
her livelihood. In order to attend the court
proceedings of the case filed by her husband at
Vellore she has to travel alone all the way from
Chennai to Vellore as her parents are not in a
position to accompany her on account of their old
age. Secondly, the appellant has also filed a
petition, H.M.O.P. No.1741 of 2021, for
restitution of conjugal rights and another
petition, M.C. Sr. No.672 of 2021, for her
maintenance before the Family Court at
Chennai.
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)
10. In view of the reasons detailed in the transfer
petition so also submissions made by the learned Counsel
for the parties and settled position of law, this Court is
inclined to allow the prayer made in the transfer petition.
11. The learned Judge, Family Court, Khurda is
directed to transmit the case record in C.P. No.153 of 2023
to the Court of learned Judge, Family Court-I, Bhubaneswar
at the earliest, preferably within a period of one week from
the date of production of certified copy of this order.
12. On receiving the case record in C.P. Case No.153
of 2023 from the Court of learned Judge, Family Court,
Khurda, the learned Judge, Family Court-I, Bhubaneswar
shall re-register the said case, if so required, and proceed
further in accordance with law giving due opportunity to
both the parties.
13. To avoid multiplicity of proceedings so also for
convenience of the parties, both C.P. Case No.153 of 2023
and Cr.P. No.134 of 2024 be tried together.
14. The learned Judge, Family Court-I, Bhubaneswar
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-I, Bhubaneswar.
15. After the case is transferred to the Court of
learned Judge, Family Court-I, Bhubaneswar, to avoid delay
and notice, both the Parties are directed to make a query
before the learned Judge, Family Court-I, Bhubaneswar
themselves or through their Counsels to ascertain the date
and purpose of posting of C.P. Case No.153 of 2023, and
participate in the said proceeding.
16. Both the Parties are further directed not to seek
for unnecessary adjournments and cooperate with the
learned Judge, Family Court-I, Bhubaneswar, who shall do
well to conclude the said proceeding at the earliest,
preferably within a period of six months from the date of
receipt of the records from the Court of learned Judge,
Family Court-I, Bhubaneswar.
17. With the said observation and direction, the
transfer petition stands allowed and disposed of.
18. Office is directed to communicate a copy of this
judgment to the Court of learned Judge, Family Court,
Khurda so also the learned Judge, Family Court-I,
Bhubaneswar for compliance.
19. Urgent certified copy of this judgment be granted
on proper application as per rules.
..............................
S.K. Mishra, J.
Orissa High Court, Cuttack.
Dated, the 12th November, 2025/ Banita
Signed by: BANITA PRIYADARSHINI PALEI
Reason: AUTHENTICATION
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 14-Nov-2025 17:03:50
