Orissa High Court
Jyotsna Rani Sahoo vs Prasanta Kumar Subudhi ....... ... on 11 September, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.162 of 2025
Jyotsna Rani Sahoo ....... Petitioner
-Versus-
Prasanta Kumar Subudhi ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. Ramakrishna Bisoi,
Advocate
For Opposite Party : Mr. Saroj Kumar Routray,
Advocate
...................
CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Judgment: 11.09.2025
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been filed by the Petitioner-
wife under Section 24 of C.P.C., 1908, read with Section 10 of the
Family Court's Act, 1985. A prayer has been made for transfer of
proceeding in C.P No.272 of 2025 filed by the Opposite Party-
husband, pending in the Court of learned Judge, Family Court-II,
Bhubaneswar, to the Court of learned Judge, Family Court,
Nayagarh on the grounds detailed in the transfer petition.
2. Being noticed, though the Opposite Party-husband has
appeared in this case, no written objection has been filed opposing
to the prayer for transfer.
3. 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 have his oral objection to the transfer
petition.
4. Heard learned Counsel for the parties.
5. Reiterating the grounds urged in the transfer petition,
learned Counsel for the Petitioner-wife submits, she is a deserted
lady. After her desertion, she is staying with her parents in village-
Nachhipur in the district of Nayagarh. To maintain her livelihood,
she is working as a Data Entry Operator on contractual basis
through an outsourcing agency in Mahanadi Wildlife Division. The
Opposite Party-husband is at present working as Sub-Inspector,
posted at Tikiri P.S., in the district of Rayagada and getting a
handsome salary. That apart, there is a minor son adopted by both
of them, who is now living with her. The distance from Nachhipur,
in the district of Nayagarh, to Bhubaneswar would be around 90
K.Ms. It would be difficult on her part to attend the day-to-day
proceeding at Bhubaneswar by ignoring proper care to her minor
male child. That apart, she is apprehending danger to her life, if
she appears before the Court at Bhubaneswar.
6.1 Learned Counsel for the Petitioner-wife further
submits, though the Opposite party-husband is earning a
handsome amount, but not paying a single pie to the Petitioner-
wife so also adopted minor son for their maintenance. That apart,
though the Opposite Party -Husband is serving in the district of
Rayagada, intentionally instituted the proceeding before the Court
at Bhubaneswar, which has no jurisdiction, in order to harass the
Petitioner-wife and to prevent her from effectively defending her
rights in the C.P. and obtain an ex-parte decree.
6.2 Learned Counsel for the Petitioner-wife further
submits, the Opposite Party is serving at Tikiri P.S. in the district
of Rayagada. If this Court allows the prayer made in the transfer
petition, he can very well appear through virtual mode, as the
Court at Nayagarh is having Video Conferencing facility.
6.3 Learned Counsel for the Petitioner-wife further
submits, as per the settled position of law, while dealing with
transfer of matrimonial proceedings, the wife's convenience must
be looked at.
7. Per contra, opposing to such submission made by
learned Counsel for the Petitioner so also prayer made in the
transfer petition, learned Counsel for the Opposite Party-husband
submits, since both the Petitioner-wife and Opposite Party-
husband, after marriage, last resided at Bhubaneswar, his client
has rightly filed C.P. No.272 of 2025 before the learned Family
Judge-II, Bhubaneswar having jurisdiction.
7.1 That apart, the learned Family Judge-II, Bhubaneswar
is having video conferencing facility. She can very well appear
through virtual mode, if she is having any difficulty to attend the
proceeding physically in the said case at Bhubaneswar.
7.2 So far as averments regarding service of the Opposite
Party-husband so also his present place of posting, learned
Counsel for the Opposite Party-husband fairly conceded such
averments to be correct. However, he submits, job of the Opposite
Party-husband is transferrable. He is likely to be transferred from
Rayagada to other places within the State of Odisha during
pendency of the transfer petition.
7.3 Learned Counsel for the Opposite Party further
submits, if this Court intends to allow the prayer made in the
transfer petition, his client be permitted to appear through virtual
mode.
8. Law is well settled that in matrimonial proceedings,
convenience of the wife must be looked at. 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."
(Emphasis supplied)
9. After going through the pleadings made in the transfer
petition so also taking note of the contentions of the learned
Counsel for the parties and the settled position of law, this Court
is inclined to allow the prayer made in the transfer petition.
10. Accordingly, the learned Judge, Family Court-II,
Bhubaneswar is directed to transmit the case record in C.P No.272
of 2025 to the Court of learned Judge, Family Court, Nayagarh at
the earliest, preferably within a period of one week from the date of
production of certified copy of this judgment.
11. On receiving the case record in C.P No.272 of 2025,
learned Judge, Family Court, Nayagarh shall re-register the said
case, if so required, and proceed further in accordance with law
giving due opportunity to both the parties.
12. For convenience of the parties, the Court of learned
Judge, Family Court, Nayagarh 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 Court of learned Judge,
Family Court, Nayagarh.
13. 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 C.P No.272 of 2025 and attend the
Court of learned Judge, Family Court, Nayagarh. Both the parties
are further directed not to ask for unnecessary adjournments and
cooperate with the Court of learned Judge, Family Court,
Nayagarh, who shall do well to conclude the proceeding in C.P
No.272 of 2025 at the earliest.
14. With the said observation and direction, the transfer
petition stands disposed of.
15. Office is directed to communicate a copy of this
judgment to the Court of learned Judge, Family Court-II,
Bhubaneswar, so also the Court of learned Judge, Family Court,
Nayagarh 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 11th September, 2025/ Kanhu
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 12-Sep-2025 18:15:07
