[Cites 2, Cited by 0]
Orissa High Court
Putki Bisoi @ Putuki vs Deepak Kumar on 16 April, 2026
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.206 of 2023
Putki Bisoi @ Putuki
Bisoi ....... Petitioner
-Versus-
Deepak Kumar
Chetty ....... Opposite Party
For Petitioner : Mr. A. K. Behera, Advocate
For Opposite Party : None
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 16.04.2026
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S.K. MISHRA, J.
This transfer petition has been preferred by the
Petitioner-wife for transfer of proceeding in C.P. No.64 of
2022, pending in the Court of learned Judge, Family Court,
Jeypore, to the Court of learned Judge, Family Court,
Malkangiri on the grounds detailed in the transfer petition.
2. Pursuant to order dated 08.06.2023, notice being
issued to the sole Opposite Party-husband by Registered
Post with A.D., the A.D. has returned with the signature of
one "Mahendra Chetty", without mentioning his relationship
with the addressee.
3. However, as is revealed from the cause title of the
transfer petition, Mahendra Chetty is the father of the
Opposite Party-Husband, namely, Deepak Kumar Chetty.
Further, the proceeding in CP No.64 of 2022 has been
stayed by this Court vide order dated 08.06.2023, which has
been extended from time to time and is still in force.
4. The present Opposite Party, being the Petitioner in
CP No.64 of 2022 before the learned Court below, it can be
well presumed that the Opposite Party is well aware about
the pendency of the present transfer petition and is
intentionally avoiding to appear before this Court.
5. However, to give further opportunity to the
Opposite Party, this Court, vide order dated 06.02.2026
directed the office to communicate a copy of the said order
urgently to the learned Judge, Family Court, Jeypore with a
further direction that the said Court shall communicate the
same to the present Opposite Party, who is the Petitioner in
CP No.64 of 2022, or to his Counsel who represents him in
the said proceeding and report compliance before the next
date of listing.
6. It was made clear vide the said order that if the
Opposite Party goes unrepresented on the adjourned date,
the present transfer petition shall be taken up for hearing
and final disposal in accordance with law in absence of the
Opposite Party.
7. Pursuant to such order, the learned Judge, Family
Court, Jeypore has reported vide Letter No.93/2026 dated
13.02.2026 that copy of the order dated 06.02.2026 was
duly served on one Razia Begum, learned Counsel for the
Petitioner Deepak Kumar Chetty in CP No.64 of 2022, with
an instruction to communicate the same to the Petitioner,
Deepak Kumar Chetty. Still, the Opposite Party goes
unrepresented when the matter is called.
8. Hence, in view of the previous order dated
06.02.2026, the matter is taken up for hearing and disposal
in absence of the Opposite Party-husband at the stage of
admission.
9. Heard learned Counsel for the Petitioner.
10. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner-wife submits that
the Petitioner is a pardanashin lady and there is no male
member to look after her or to accompany her to attend the
day-to-day proceedings before the learned Judge, Family
Court, at Jeypore. That apart, after her desertion, she is
working as a domestic servant in Malkangiri for her
livelihood and it is not practicable on her part to bear the
traveling and other expenses to attend the day-to-day
proceedings at Jeypore. Though it has not been specifically
pleaded, he further submits that the distance from
Malkangiri to Jeypore is around 104 kms and it would be
difficult on her part to attend the proceedings regularly at
Jeypore.
11. Law is well settled that while considering
application for transfer of matrimonial proceedings,
convenience of wife must be looked at. In the case of (N.C. V.
Aishwarya Vs. A.S. Saravana Karthik Sha), reported in
2022 SCC Online SC 1199, the Supreme Court held as
follow:
"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 behavioral 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)
12. Taking note of the submissions made by the learned
Counsel for the Petitioner so also the settled position of law,
this Court is inclined to allow the prayer made in the
transfer petition for transfer of proceeding in CP No.64 of
2022, pending in the Court of learned Judge, Family Court,
Jeypore to the Court of learned Judge, Family Court,
Malkangiri.
13. Accordingly, the learned Judge, Family Court,
Jeypore is directed to transmit the case record in CP No.64
of 2022 to the Court of learned Judge, Family Court,
Malkangiri at the earliest, preferably within a period of seven
days from the date of production of certified copy of this
Judgment.
14. On receiving the case record in CP No.64 of 2022
from the learned Judge, Family Court, Jeypore, the Court of
learned Judge, Family Court, Malkangiri shall re-register the
said case, if so required, and proceed further in accordance
with law giving due opportunity to both the parties and shall
try to conclude the said proceeding at the earliest, preferably
within a period of six months from the date of receipt of case
record in CP No.64 of 2022.
15. It is made clear that both the parties will be at
liberty to appear before the Court of learned Judge, Family
Court, Malkangiri through virtual mode, with due
permission of the concerned Court, in case they face any
difficulty on any date to appear physically before the said
Court. The learned Judge, Family Court, Malkangiri is
requested to explore the facility of video conferencing
available in the said Court and allow the parties to appear
through video conferencing mode following the guidelines
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
so also their witnesses, if any, shall remain physically
present before the learned Judge, Family Court, Malkangiri.
16. To avoid delay and notice, both the parties are
directed to make a query themselves or through their
Counsel from the Court of learned Judge, Family Court,
Malkangiri to ascertain the date and purpose of posting of
CP No.64 of 2022 and participate in the said proceeding.
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,
Jeypore so also the Court of learned Judge, Family Court,
Malkangiri enabling the said Courts to act in terms of the
observations made above.
19. Interim order dated 08.06.2023 passed in I.A.
No.222 of 2023 stands vacated.
20. Urgent certified copy of this Judgment be granted
on proper application as per rules.
..............................
S.K. Mishra, J.
Orissa High Court, Cuttack.
Dated, 16th April, 2026/ Mona
