[Cites 3, Cited by 0]
Orissa High Court
Subhashree Samal vs Subrat Kumar Dharua ....... Opposite ... on 6 February, 2026
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.435 of 2023
Subhashree Samal ....... Petitioner
-Versus-
Subrat Kumar Dharua ....... Opposite Party
For Petitioner : Mr. M.R. Pradhan, Advocate
For Opposite Party : Mr. S. K. Dash, Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 06.02.2026
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S.K. MISHRA, J.
1. This transfer petition has been preferred by the
Petitioner-wife, for transfer of proceeding in MAT Case No.60 of
2023, pending in Court of learned Judge, Family Court,
Bolangir to the Court of learned Judge, Family Court, Puri on
the grounds 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.60 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 after her
desertion, the Petitioner is staying with her old and ailing
parents in a rented house at Danda Mukundapur. That apart,
her minor daughter is at present pursuing her study in St.
Xavier's High School at Pipili. Because of the financial
stringency, it would be difficult on her part to attend the day
to day proceeding at Bolangir by traveling such a long
distance.
4.1. That apart, she is not acquainted with the present
technology and will not be completely able to participate
through virtual mode to contest the case as per the available
provisions and will not be able to ventilate/ place her
grievance before the learned Court at Bolangir. If the prayer
made in the transfer petition is not allowed, she will be highly
prejudiced for want of proper appreciation of her case and
even for adducing evidence before the Court below. That apart,
at her instance, CRP Case No.67 of 2023 preferred under
section 125 Cr.P.C. is now subjudice before the learned Judge,
Family Court, Puri, in which case, being noticed, the Opposite
Party-Husband has appeared and is contesting the case at
Puri. It will be convenient for the parties, if both the said
proceedings are tried together by the learned Judge, Family
Court at Puri.
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 Opposite Party-Husband is working as Havildar
and at present posted at Boudh. If the prayer in the transfer
petition is allowed and proceeding in MAT Case No.60 of 2023
is transferred to the Court of learned Judge, Family Court,
Puri, it will be difficult on the part of the Opposite Party-
Husband to participate in the day to day proceeding in MAT
Case No.60 of 2023 by taking leave on each date.
5.1. He further submits, though the Opposite Party-
Husband, being noticed, has appeared in CRP Case No.67 of
2023, preferred by the Petitioner-Wife under section 125
Cr.P.C. before the learned Judge, Family Court, Puri, there is a
life threat to him.
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), 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.
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. 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 Judge, Family Court,
Bolangir is directed to transmit the case record in MAT Case
No.60 of 2023 to the Court of learned Judge, Family Court,
Puri at the earliest, preferably within a period of one week from
the date of production of certified copy of this judgment.
10. On receiving the case record in MAT Case No.60 of
2023 from the Court of learned Judge, Family Court, Bolangir,
the learned Judge, Family Court, Puri 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.60 of 2023.
11. To avoid multiplicity of proceedings so also
conflicting orders, both MAT Case No.60 of 2023 and CRP
No.67 of 2023 be tried together.
12. Since the Opposite Party-Husband is serving as
Havildar and at present posted at Boudh, in the district of
Boudh, it is made clear that he will be at liberty to appear
before the Court of learned Judge, Family Court, Puri through
virtual mode, with due permission of the concerned Court, in
case he faces any difficulty on any date to appear physically
before the said Court. The learned Judge, Family Court, Puri
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, Puri.
13. 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, Puri to ascertain the
date and purpose of posting of MAT Case No.60 of 2023 and
participate in the said proceeding.
14. Since both the Cases are of the year of 2023, both
the parties are directed not to seek for unnecessary
adjournments and cooperate with the learned Judge, Family
Court, Puri for early disposal of MAT Case No.60 of 2023 as
well as CRP No.67 of 2023, as observed above.
15. With the said observation and direction, the
transfer petition stands disposed of.
16. Office is directed to communicate a copy of this
Judgment to the Court of learned Judge, Family Court,
Bolangir so also the Court of learned Judge, Family Court,
Puri enabling the said Courts to act in terms of the
observations made above.
17. Urgent certified copy of this Judgement be granted
on proper application as per rules.
..............................
S.K. Mishra, J.
Orissa High Court, Cuttack.
Dated, 6th February, 2026/ Banita
Signed by: PRASANT KUMAR PRADHAN
Location: High Court of Orissa, Cuttack.
Date: 09-Feb-2026 16:16:27
