Mitanjali Nayak vs Mukesh Kumar Nayak ....... Opposite ...
2026 Latest Caselaw 188 Ori

Orissa High Court

Mitanjali Nayak vs Mukesh Kumar Nayak ....... Opposite ... on 9 January, 2026

         IN THE HIGH COURT OF ORISSA, CUTTACK

                       TRP(C) No.309 of 2025

         Mitanjali Nayak                       .......   Petitioner

                                      -Versus-
         Mukesh Kumar Nayak                   .......    Opposite Party


      For Petitioner                   : Ms. A. Mohanty, Advocate

       For Opposite Party              :   Mr. P.C. Mishra, Advocate

                          ----------------------------
             CORAM: JUSTICE SANJAY KUMAR MISHRA
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             Date of Hearing & Judgment: 09.01.2026
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S.K. MISHRA, J.

1. The present transfer petition has been preferred by

the Petitioner-Wife for transfer of proceeding in C.P. No.183 of

2025, pending in the Court of learned Judge, Family Court,

Cuttack, to the Court of learned Judge, Family Court-II,

Bhubaneswar on the grounds detailed in the transfer petition.

2. Being noticed, though the Opposite Party-Husband

has appeared in the present case, but till date no written

objection has been filed opposing to the prayer for transfer.

3. However, on being asked, learned Counsel for the

Opposite Party submits, instead of filing written objection to

the transfer petition, he would like to have his oral objection to

oppose the prayer made in the transfer petition.

4. Hence, on consent of the learned Counsel for the

Parties, the transfer petition is taken up for hearing and

disposal at the stage of admission.

5. Reiterating the grounds urged in the transfer

petition, learned Counsel for the Petitioner submits that the

Petitioner was subjected to cruelty and was driven out of her

matrimonial home in February, 2024. Thereafter she has been

residing separately at Ghatikia, Bhubaneswar and at present

working as a staff nurse at IGKC Hospital, Bhubaneswar with

meager income for her sustenance, which is barely sufficient

to maintain herself. The Petitioner has no financial or

emotional support from her parents, who are themselves old

and infirm.

6. That apart she has also filed D.V. Misc. Case

No.521 of 2025, which is now pending before the learned

JMFC-V, (Cog) Bhubaneswar. On being noticed, the Opposite

Party-Husband has appeared and is contesting the said case

at Bhubaneswar. She has also lodged an FIR against the

Opposite Party and his family members at Bharatpur Police

Station, Bhubaneswar on 15.02.2025, which was registered as

Bharatpur P.S. Case No.77 of 2025 for alleged offences under

section 126(2), 85, 296, 115(2), 351(2), 324(4), 3(5) of BNS,

which is pending before the learned JMFC-V, Bhubaneswar

under C.T. Case No.219 of 2025.

7. She further submits, being arrested, the Opposite

Party-Husband is on bail and there is a life threat to her, if she

attends the day to day proceeding at Cuttack.

8. Ms. Mohanty, learned Counsel for the Petitioner

further submits, though the Petitioner, with much difficulty, is

appearing before the Counselor of the learned Judge, Family

Court, Cuttack for counseling, she being accompanied by her

Associate for her safety point of view, but the Opposite Party

Husband is neither appearing nor cooperating with the

Counselor and she is being intentionally harassed by the

Opposite Party-Husband.

9. Per contra, learned Counsel for the Opposite Party

submits, the allegations made in the transfer petition are false

and baseless. That apart, the distance from Bhubaneswar to

Cuttack would be hardly 25 to 30 K.Ms. and she may not face

any difficulty to attend the day to day proceeding before the

learned Judge, Family Court, Cuttack.

10. That apart, if she feels unsafe to appear before the

learned Judge, Family Court, Cuttack, she may move

application before the learned Judge, Family Court, Cuttack to

permit her to appear through virtual mode.

11. As per the settled position of law, so far as transfer

of matrimonial disputes, the convenience of the wife is the

paramount consideration.

12. At this juncture, it would be apt to deal with the

Judgment of the Supreme Court reported in 2022 SCC Online

SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik

Sha), wherein it was held as follows:-

"8. It is not disputed that the appellant is the resident of Chennai and that the appellant's husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood. In order to attend the court proceedings of the case filed by her husband at Vellore she has to travel alone all the way from Chennai to Vellore as her parents are not in a position to accompany her on account of their old age. Secondly, the appellant has also filed a petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights and another petition, M.C. Sr. No.672 of 2021, for her maintenance before the Family Court at Chennai.

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 socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.

(Emphasis Supplied)

13. 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, this Court is

inclined to allow the prayer made in the transfer petition.

14. Accordingly, the learned Judge, Family Court,

Cuttack is directed to transmit the case record in C.P. No.183

of 2025 to the Court of learned Judge, Family Court-II,

Bhubaneswar at the earliest, preferably within a period of one

week from the date of production of certified copy of this

judgment.

15. On receiving the case record in C.P. No.183 of 2025

from the Court of learned Judge, Family Court, Cuttack, the

learned Judge, Family Court-II, Bhubaneswar shall re-register

the said case, if so required, and proceed further in

accordance with law giving due opportunity to both the

parties.

16. The learned Judge, Family Court-II, Bhubaneswar

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-II, Bhubaneswar.

17. After the case is transferred to the Court of learned

Judge, Family Court-II, Bhubaneswar, to avoid delay and

notice, both the Parties are directed to make a query before

the learned Judge, Family Court-II, Bhubaneswar themselves

or through their Counsels to ascertain the date and purpose of

posting of C.P. No.183 of 2025, and participate in the said

proceeding.

18. Both the Parties are further directed not to seek for

unnecessary adjournments and cooperate with the learned

Judge, Family Court-II, Bhubaneswar, who shall do well to

conclude the said proceedings at the earliest.

19. With the said observation and direction, the

transfer petition stands disposed of.

20. Office is directed to communicate a copy of this

order to the Court of learned Judge, Family Court, Cuttack so

also the learned Judge, Family Court-II, Bhubaneswar for

compliance.

21. Urgent certified copy be granted on proper

application as per rules.

..............................

S.K. Mishra, J.

Orissa High Court, Cuttack. Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Dated, the 9th January, 2026/ Banita Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Jan-2026 14:16:55