[Cites 2, Cited by 0]
Orissa High Court
Gayatri Jani vs Tankadhar Disari ....... Opposite ... on 5 February, 2026
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.327 of 2023
Gayatri Jani ....... Petitioner
-Versus-
Tankadhar Disari ....... Opposite Party
For Petitioner : Mr. D. R. Bhokta, Advocate
For Opposite Party : Mr. S. K. Rout, Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 05.02.2026
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S.K. MISHRA, J.
1. This transfer petition has been preferred by the
Petitioner-wife, who is the Opposite Party in MAT Case
No.86 of 2023, which is now pending in the Court of learned
Civil Judge (Sr. Division), Koraput. A prayer has been made
to transfer the proceeding in MAT Case No.86 of 2023 from
the Court of learned Civil Judge (Senior Division), Koraput
to the Court of learned Judge, Family Court, Nabarangpur
on the ground detailed in the transfer petition.
2. Though the Opposite Party-husband, on being
noticed, has appeared in the case no written objection has
been filed till date opposing to such prayer for transfer of the
proceeding in MAT Case No.86 of 2023, as prayed for.
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 to have his oral objection to the prayer
for transfer.
3. Heard learned Counsel for the parties.
4. Learned Counsel for the Petitioner, reiterating the
grounds urged in the transfer petition, submits that the
Petitioner, after her desertion, is staying with her old and
ailing parents at Nabarangpur. The distance from
Nabarangpur to Koraput is around 70 KMs. It would be
difficult on her part to attend the day-to-day proceedings in
MAT Case No.86 of 2023 at Koraput. She further submits,
for her livelihood, the Petitioner is serving as a teacher in a
private school at Nabarangpur.
4.1. That apart she has a life threat, if she is being
asked to appear before the learned Civil Judge (Sr. Divion),
Koraput in MAT Case No.86 of 2023, as there is a constant
life threat from the Opposite Party, who is serving as a Sub-
Inspector of Police. She further submits, so far as transfer of
matrimonial proceedings is concerned, as per the settled
position of law, the paramount consideration would be
convenience of the wife.
4.2. To substantiate the prayer made in the transfer
petition, learned Counsel for the Petitioner relies on the
judgment of Supreme Court reported in 2022 SCC onLine
SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik
Sha).
5. Per contra, learned Counsel for the Opposite Party
submits, the Petitioner is serving as a teacher, and she is
financially affluent to contest the case at Koraput. That
apart, his client is serving as a Sub-Inspector of Police and
at present posted at Gopalpur in the District of Ganjam.
Hence, it would be difficult on his part to attend the day-to-
day proceedings at Nabarangpur by taking leave, if the
prayer made in the transfer petition is allowed. Learned
Counsel for the Opposite Party submits, instead of ordering
for transfer, the proceeding in MAT Case No.86 of 2023 be
targeted.
6. Law is well settled that while dealing with the
transfer petition of matrimonial proceedings, the
convenience of the wife is the paramount consideration.
7. In N.C.V. Aishwarya (supra), relied upon by the
learned Counsel for the Petitioner-wife, 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 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
socioeconomic paradigm in the Indian
society, generally, it is the wife's
convenience which must be looked at
while considering transfer.
(Emphasis supplied)
8. After hearing the learned Counsel for the parties
and taking into consideration the grounds urged in the
transfer petition so also the settled position of law, as
detailed above, this Court is inclined to allow the prayer
made therein.
9. Accordingly, the learned Civil Judge (Senior
Division), Koraput is directed to transmit the case record in
MAT Case No.86 of 2023 to the Court of learned Judge,
Family Court, Nabarangpur at the earliest, preferably within
a period of one week from the date of production of certified
copy of this order.
10. On receiving the case record in MAT Case No.86 of
2023 from the Court of learned Civil Judge(Senior Division),
Koraput, the learned Judge, Family Court, Nabarangpur
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 MAT Case
No.86 of 2023.
11. Since the Opposite Party-husband is serving as SI
of Police and at present posted at Gopalpur in the district of
Ganjam and the Petitioner is also serving in a private school
as a teacher in Nabarangpur, it is made clear that both the
parties will be at liberty to appear before the Court of
learned Judge, Family Court, Nabarangpur 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,
Nabarangpur 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 Court of learned Judge,
Family Court, Nabarangpur.
12. To avoid delay and notice, both the parties, either in
person or through their Counsel, shall make a query with
the Court of learned Judge, Family Court, Nabarangpur to
ascertain the date and purpose of posting of MAT Case
No.86 of 2023 and participate in the said proceeding.
13. Since the MAT Case is of the year of 2023, both the
parties are directed not to seek for unnecessary
adjournments and cooperate with the learned Judge, Family
Court, Nabarangpur for early disposal of MAT Case No.86 of
2023 as observed above.
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 Civil Judge (Sr. Division),
Koraput so also the Court of learned Judge, Family Court,
Nabarangpur enabling the said Courts to act in terms of the
observation made above.
16. Urgent certified copy of this Judgement be granted
on proper application as per rules.
..............................
S.K. Mishra, J.
Orissa High Court, Cuttack.
SignatureDated,
Not Verified
5th February, 2026/ Mona
Digitally Signed
Signed by: MONALISA SWAIN
Reason: Authentication
Location: High Court of Orissa
Date: 06-Feb-2026 17:49:17
