Allowed

Rashmita Behera v. Kharabela Digbijaya Patra

Orissa HC2 Dec 2025TRP(C)/144/2025

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the transfer petition seeking to move matrimonial proceedings from the Family Court, Jagatsinghpur, to the Family Court, Dhenkanal, citing the wife's safety concerns and inconvenience in attending hearings at Jagatsinghpur.

What did the court decide?

Transfer of C.P. No.307 of 2024 pending in Family Court, Jagatsinghpur, to Family Court, Dhenkanal allowed; case record transmission directed within one week.

Rashmita Behera Vs Kharabela Digbijaya Patra — Matrimonial and Divorce | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA, CUTTACK

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TRP(C) No.144 of 2025

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Rashmita Behera ….... Petitioner

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-Versus-

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Kharabela Digbijaya Patra ....... Opposite Party

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Advocate for the parties

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For Petitioner : Mr. P. Panigrahi Advocate For Opposite Party : Mr. B. Mohanty Advocate

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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Date of Hearing & Judgment : 02.12.2025

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S.K. MISHRA, J.

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1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.307 of 2024, now pending in the Court of learned Judge, Family Court, Jagatsinghpur to the Court of learned Judge, Family Court, Dhenkanal, on the grounds detailed in the transfer petition.

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2. The Opposite Party-Husband has filed a Counter

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opposing to such prayer for transfer. Since pleadings are complete, on consent of the learned Counsel for the Parties, the matter is taken up for hearing and disposal at the stage of admission.

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3. Heard learned Counsel for the Parties.

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4. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner-wife is a deserted lady. After her desertion she is staying with her parents at Bhuban, which will be nearer to the Court of learned Judge, Family Court, Dhenkanal. He further submits, the distance from Bhuban to Jagatsinghpur is around 140 K.Ms. Also there is a life threat to her if she attends the court proceeding at Jagatsinghpur. She being a helpless lady, having no source of income, now she is completely dependent upon her old father. It would be difficult on her part to attend the day to day proceeding at Jagatsinghpur.

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5. Mr. Panigrahi further submits, though it has not been averred in the transfer petition , D.V. Misc. Case No.53 of 2023 is now pending at the instance of the Petitioner-Wife

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before the learned JMFC, Bhuban. Being noticed, the Opposite Party-Husband has appeared and is contesting the said case at Bhuban. Since there is no Family Court at Bhuban, if the matter is transferred to the Court of learned Judge, Family Court, Dhenkanal, it will be nearer to Bhuban and convenient on her part to attend the proceeding at Dhenkanal.

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6. Per contra, learned Counsel for the Opposite Party submits, father of the Petitioner is a financially affluent person. The brother of the Petitioner is serving in Mumbai as a software engineer. She also submits, there is a good source of earning from cultivation from their agriculture land. As the family of the Petitioner is well established, there is no financial constraint on the part of the Petitioner to contest the case at Jagatsinghpur. That apart, if the Petitioner has any difficulty to appear before the learned Judge, Family Court, Jagatsinghpur she may move an application seeking leave of the Court to permit her to appear through virtual mode.

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7. Law is well settled that, while dealing with the application for transfer of matrimonial proceedings, the Court

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has to examine various factors and the most important factor is convenience of wife.

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8. 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

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Sha), wherein it was held as follows:-

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“ 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 .

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(Emphasis Supplied)

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9. In view of the grounds urged in the transfer petition

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so also the settled position of law, the prayer for transfer of C.P. No.307 of 2024, pending in the Court of learned Judge,

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Family Court, Jagatsinghpur to the Court of learned Judge, Family Court, Dhenkanal is allowed.

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10. The learned Judge, Family Court, Jagatsinghpur is directed to transmit the case record in C.P. No.307 of 2024 to the Court of learned Judge, Family Court, Dhenkanal at the earliest, preferably within a period of one week from the date of production of certified copy of this judgment.

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11. On receiving the case record in C.P. No.307 of 2024 from the Court of learned Judge, Family Court, Jagatsinghpur, the learned Judge, Family Court, Dhenkanal shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties.

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12. The learned Judge, Family Court, Dhenkanal 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, if so prayed by any of the parties. However, on the dates of effective hearing i.e. for examination and cross-examination of witnesses and other purposes, for

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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, Dhenkanal.

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13. After the case is transferred to the Court of learned Judge, Family Court, Dhenkanal, to avoid delay and notice, both the Parties are directed to make a query before the learned Judge, Family Court, Dhenkanal, themselves or through their Counsels to ascertain the date and purpose of posting of C.P. No.307 of 2024, and participate in the said proceeding.

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14. Both the Parties are further directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Dhenkanal, who shall do well to conclude the proceeding in C.P. No.307 of 2024 at the earliest, preferably within a period of six months from the date of receipt of the records from the Court of learned Judge, Family Court, Jagatsinghpur.

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15. With the said observation and direction, the transfer petition stands allowed and disposed of.

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16. Office is directed to communicate a copy of this judgment to the Court of learned Judge, Family Court,

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Jagatsinghpur so also the learned Judge, Family Court, Dhenkanal for compliance.

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17. Interim order dated 07.07.2025 passed in I.A. No.122 of 2025 stands vacated.

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18. Urgent certified copy of this judgment be granted

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on proper application as per rules.

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…….……………………

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S.K. MISHRA, J.

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Orissa High Court, Cuttack. Dated, 2^nd December, 2025/ Banita

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Signature Not Verified

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Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-Dec-2025 17:51:19

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Rashmita Behera v. Kharabela Digbijaya Patra

Case brief

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Rashmita Behera v. Kharabela Digbijaya Patra

Case brief

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