Orissa High Court
Alok Kumar Pani vs Namita Panigrahi ....... Opposite ... on 16 October, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRPCRL No.45 of 2025
Alok Kumar Pani ....... Petitioner
-Versus-
Namita Panigrahi ....... Opposite Party
TRP(C) No.176 of 2024
Namita Panigrahi ....... Petitioner
-Versus-
Alok Kumar Pani ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. P.K. Mohanty
(In TRPCRL No.45 of 2025) Advocate
For Petitioner : Mr. A. Kamal
(In TRPCRL No.176 of 2025) Advocate
For Opposite Party : Mr. B. Jena
(In TRPCRL No.45 of 2025) Advocate
For Opposite Party : Mr. P.K. Mohanty
(In TRPCRL No.176 of 2025) Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment :16.10.2025
_____________________________________________________________
S.K. MISHRA, J.
1. TRPCRL No.45 of 2025 has been preferred by the
Petitioner-Husband for transfer of proceeding in Cr.P. No.52 of
2024 filed by the Opposite Party-wife under section 125 Cr.P.C. for
maintenance, now pending in the Court of learned Judge, Family
Court, Jajpur, to the Court of learned Judge, Family Court,
Cuttack on the grounds detailed in the transfer petition.
2. Similarly, TRP(C) No.176 of 2024 has been filed by the
Petitioner-Wife for transfer of C.P. No. No.858 of 2023 filed by the
Opposite Party-Husband under section 12 (1) (a) of Hindu
Marriage Act, 1955 for divorce, now pending in the Court of
learned Judge, Family Court, Cuttack, to the Court of learned
Judge, Family Court, Jajpur.
3. The issue involved in both the transfer petitions so also
parties to both the transfer petitions being same, both the transfer
petitions on board are taken up together for hearing and disposal
vide this common judgment.
4. Heard learned Counsel for the parties.
5. During hearing, learned Counsel for the Petitioner-wife
in TRP(C) No.176 of 2024 submits, as per the instruction received
from the local Counsel, who represents the present Petitioner in
Cr.P. 52 of 2024 before the learned judge, Family Court Jajpur,
the said case was posted to today. Both the Opposite Party-
Husband so also his father have already deposed as witnesses in
the said case. The matter is ready for argument.
6. Reiterating the grounds urged in TRP(C) No.176 of
2024, learned Counsel for the Petitioner submits that the
Petitioner-wife is a deserted lady having no source of income. After
her desertion, she is dependent on her father and leading a very
miserable life. The distance between Jajpur to Cuttack is around
70 K.M.s and it would be difficult on her part to travel such a long
distance to attend the Court proceeding on each and every date.
That apart, there is no male member in her family to accompany
her, excepting her old father.
7. Mr. Mohanty, learned Counsel for the Opposite Party-
Husband (Petitioner in TRPCRL No.45 of 2025) submits, as per the
instruction received from his client, he has no objection to such
prayer for transfer.
8. Since the Opposite Party-Husband, who is the
Petitioner in TRPCRL No.45 of 2025, has already appeared in Cr.P.
No.52 of 2024 and participated in the said proceeding before the
Court of learned Judge, Family Court, Jajpur and the said case is
at the verge of conclusion, this Court is of the view that it would be
convenient for both the parties, if the proceeding in C.P. No.858 of
2023 is transferred to the Court of learned Judge, Family Court,
Jajpur.
9. Law is well settled that, while dealing with the
application for transfer of matrimonial cases, the Court has to
examine various factors and most important factor is the
convenience of wife.
10. 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 is 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)
11. In view of the reasons detailed in the transfer petitions
so also taking into consideration the submissions and concessions
made by the learned Counsel for the parties and the settled
position of law, the prayer made in TRPCRL No.45 of 2025 filed by
the Petitioner-Husband is rejected, whereas the prayer made in
TRP(C) No.176 of 2024 filed by the Petitioner-Wife is allowed.
12. The learned Judge, Family Court, Cuttack is directed to
transmit the case record in C.P. No.858 of 2023 to the Court of
learned Judge, Family Court, Jajpur at the earliest, preferably
within a period of one week from the date of production of certified
copy of this order.
13. On receiving the case record in C.P. No.858 of 2023
from the Court of learned Judge, Family Court, Cuttack, the
learned Judge, Family Court, Jajpur shall re-register the said case,
if so required, and proceed further in accordance with law giving
due opportunity to both the parties.
14. The learned Judge, Family Court, Jajpur is requested
to explore the facilities of Videoconferencing 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, Jajpur.
15. To avoid delay, the parties are directed not to ask for
unnecessary adjournments and cooperate with the learned Judge,
Family Court, Jajpur, 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 record from the Court of learned
Judge, Family Court, Cuttack.
16. With the said observation and direction, TRPCRL
No.45 of 2025 stands dismissed, whereas TRP(C) No.176 of 2024 is
allowed and disposed of.
17. Office is directed to communicate a copy of this
judgment to the Court of learned Judge, Family Court, Cuttack so
also the Judge, Family Court, Jajpur for compliance.
18. Interim order dated 29.08.2024 passed in I.A. No.173
of 2024 in TRP(C) 176 of 2024 stands vacated.
19. Urgent certified copy of this judgment be granted on
proper application as per rules.
...............................
S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, 16th October, 2025/ Banita
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 17-Oct-2025 18:19:50
