Orissa High Court
Kanchanshree Behera @ vs Pradeep Kumar Behera ....... Opposite ... on 31 October, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.190 of 2025
Kanchanshree Behera @
Bindhani ....... Petitioner
-Versus-
Pradeep Kumar Behera ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. S.K. Patnaik,
Advocate
For Opposite Party : Ms. M. Mohanty,
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing & Judgment: 31.10.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been filed by the Petitioner-
wife for transfer of proceeding in C.P. No.649 of 2023, preferred
by the Opposite Party-husband, now pending in the Court of
learned Judge, Family Court, Balasore to the Court of learned
Judge, Family Court, Baripada on the grounds detailed in the
Transfer Petition.
2. Though the Opposite Party-husband has appeared
through Ms. M. Mohanty, learned Counsel, being engaged
through the Legal Aid, no written objection has been filed till
date opposing to the prayer for transfer. However, on consent of
learned Counsel for the parties, the matter is taken up for
hearing and disposal at the stage of admission, permitting the
learned Counsel for the Opposite Party-husband to orally
oppose to the prayer made in the transfer petition.
3. Heard learned Counsel for the parties.
4. Reiterating the grounds urged in the transfer petition,
learned Counsel for the Petitioner-wife submits, the Petitioner is
a deserted lady. After her desertion, she is dependent on her
parents, who are staying at Baripada. Apart from that, the
distance from Baripada to Balasore would be around 60 KMs. It
would be difficult on her part to attend the day to day
proceeding at Balasore. Further, at her instance C.P. No.238 of
2023 filed under Section 13(1) of the Hindu Marriage Act, 1955
so also G.M.C. No.32 of 2024 filed under Section 25 of
Guardians & Wards Act, 1890 are also pending before the
learned Judge, Family Court, Baripada, wherein , being noticed,
the present Opposite Party-husband has appeared and is
contesting the said case. He further submits, as per the settled
position of law, the said proceedings should be tried together at
Baripada, which will be just and proper to avoid the multiplicity
of proceeding and conflicting of decisions. Learned Counsel for
the Petitioner, relying on the judgment of the Supreme Court
reported in 2022 SCC OnLine (SC) 1199 (N.C.V. Aishwarya Vs.
A.S. Saravana Karthik Sha), submits that, while dealing with
transfer petitions in matrimonial cases, convenience of the wife
must be looked at.
5. Per contra, learned Counsel for the Opposite Party-
husband submits, the Opposite Party is financially incapable to
defend his case. He has already been compelled to appear before
the Court at Baripada to defend two cases, initiated at the
instance of the Petitioner-wife. That apart, the girl child, who is
studying in Class-5, is staying with him at Balasore. He was
serving as a Lecturer in a private college and has left the job. He
is taking care of his minor girl child and there is no other
member to look after her in his absence. She further submits,
as per the instruction received, though the mother of the
Opposite Party-husband was taking care of the child, now, she
is no more and it will be difficult on his part to attend the day to
day proceeding at Baripada with his daughter on each and every
date of posting of the said case, if it is transferred to Baripada.
6. Admittedly, no applications have been moved by the
Opposite Party-husband till date for transfer of proceedings in
C.P. No.238 of 2023 filed under Section 13(1) of the Hindu
Marriage Act, 1955 so also G.M.C. No.32 of 2024 filed under
Section 25 of Guardians & Wards Act, 1890, now pending in the
Court of learned Judge, Family Court, Baripada, to Balasore on
the grounds, as stated by the learned Counsel for the Opposite
Party-husband.
7. 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)
8. In view of the reasons detailed in the transfer petition
so also submissions made by the learned Counsel for the parties
and the settled position of law, the prayer made in the transfer
petition is allowed. The learned Judge, Family Court, Balasore is
directed to transmit the case record in C.P. No.649 of 2023 to
the Court of learned Judge, Family Court, Baripada 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 C.P. No.649 of 2023
from the Court of learned Judge, Family Court, Balasore, the
learned Judge, Family Court, Baripada 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.238 of 2023 filed by the Petitioner-wife
is pending before the same Court, for convenience of parties,
both C.P. No.649 of 2023 and C.P. No.238 of 2023 be tried
together. That apart, G.M.C. No.32 of 2024 filed under Section
25 of Guardians & Wards Act, 1890 by the Petitioner-wife,
which is now pending before the same Court, i.e., learned
Judge, Family Court, Baripada, for convenience of the parties,
be taken up on the same dates, to which C.P. No.649 of 2023
and C.P. No.238 of 2023 shall be posted for analogous hearing.
11. The learned Judge, Family Court, Baripada 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, Baripada.
12. Since both C.Ps. are of the year 2023, the learned
Judge, Family Court, Baripada shall do well to conclude both
the proceedings at the earliest, preferably within a period of six
months from the date of receipt of the record in C.P. No.649 of
2023 from the Court of learned Judge, Family Court, Balasore.
13. With the said observation and direction, the transfer
petition stands disposed of.
14. Office is directed to communicate a copy of this order
to the Court of learned Judge, Family Court, Balasore so also
the learned Judge, Family Court, Baripada for compliance.
15. Urgent certified copy of this order be granted on
proper application as per rules.
...............................
S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, the 31st October, 2025/ Prasant
Signed by: PRASANT KUMAR PRADHAN
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 01-Nov-2025 14:44:18
