Orissa High Court
Rinki Panigrahi vs Ladu Kishore Tripathy ....... Opposite ... on 31 October, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.185 of 2025
Rinki Panigrahi ....... Petitioner
-Versus-
Ladu Kishore Tripathy ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. A.K. Panda
Advocate
For Opposite Party : Mr. S.R. Subudhi
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment : 31.10.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been preferred by the
Petitioner-Wife for transfer of proceeding in C.P. No.04 of
2025 filed by the Opposite Party-Husband under section 9 of
the Hindu Marriage Act, 1955, now pending in the Court of
learned Judge, Family Court, Phulbani, to the Court of
learned Judge, Family Court, Berhampur, Ganjam on the
grounds detailed in the transfer petition.
2. Though the Opposite Party-Husband has appeared,
till date no objection has been filed opposing to the said
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, giving liberty
to the learned Counsel for the Opposite Party-Husband to
have his oral objection to the transfer petition, if any.
3. Heard learned Counsel for the Parties.
4. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner submits that the
Petitioner-wife is a deserted lady having no source of income.
After her desertion, she is facing lots of difficulties to maintain
her day to day life and is dependent on her father. The
distance between Phulbani to Berhampur is more than 160
K.Ms. and it would be difficult on her part to travel such a
long distance to attend the Court proceeding on each and
every date. There is also a life threat to her, if she is asked to
appear before the learned Judge, Family Court, Phulbani.
5. Per contra, learned Counsel for the Opposite Party
opposes to the said prayer for transfer on the ground that if
the Petitioner has any difficulty, she can avail the facility of
Video Conferencing and appear before the Court below by
filing appropriate application seeking leave of the Court below
to permit her to appear through virtual mode.
6. However, on being asked by the Court, learned
Counsel for the Opposite Party fairly submits that his client is
a defense personnel and is at present posted at Tipura.
7. 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.
8. 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)
9. Keeping in view the admitted facts on record and
the settled position of law, so also the present posting of the
Opposite Party-Husband at Tripura, the prayer made in the
transfer petition is allowed, permitting the Opposite Party-
Husband to appear though virtual mode .
10. The learned Judge, Family Court, Phulbani is
directed to transmit the case record in C.P. No.04 of 2025 to
the Court of learned Judge, Family Court, Berhampur,
Ganjam at the earliest, preferably within a period of one week
from the date of production of certified copy of this order.
11. On receiving the case record in C.P. No.04 of 2025
from the Court of learned Judge, Family Court, Phulbani, the
learned Judge, Family Court, Berhampur, Ganjam shall re-
register the said case, if so required, and proceed further in
accordance with law giving due opportunity to both the
parties.
12. The learned Judge, Family Court, Berhampur,
Ganjam 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, Berhampur, Ganjam.
13. To avoid delay and notice, both the Parties are
directed to make a query before the learned Judge, Family
Court, Berhampur, Ganjam themselves or through their
Counsels to ascertain the date and purpose of posting in C.P.
No.04 of 2025, after the case is transferred to the Court of
learned Judge, Family Court, Berhampur, Ganjam and
participate in the said proceeding.
14. Both the Parties are further directed not to seek for
unnecessary adjournments and cooperate with the learned
Judge, Family Court, Berhampur, Ganjam, 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,
Phulbani.
15. With the said observation and direction, the
transfer petition is allowed and disposed of.
16. Office is directed to communicate a copy of this
judgment to the Court of learned Judge, Family Court,
Phulbani so also the Judge, Family Court, Berhampur,
Ganjam for compliance.
17. Interim order dated 30.06.2025 passed in I.A.
No.197 of 2025 stands vacated.
18. Urgent certified copy of this judgment be granted
on proper application as per rules.
...............................
S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, 31st October, 2025/ Banita
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 01-Nov-2025 12:44:25
