Jyotsna Rani Sahoo Vs Prasanta Kumar Subudhi

1. This transfer petition has been filed by the Petitionerwife under Section 24 of C.P.C., 1908, read with Section 10 of the Family Court’s Act, 1985. A prayer has been made for transfer of proceeding in C.P No.272 of 2025 filed by the Opposite Partyhusband, pending in the Court of learned Judge, Family Court-II, Bhubaneswar, to the Court of learned Judge, Family Court, Nayagarh on the grounds detailed in the transfer petition.

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2. Being noticed, though the Opposite Party-husband has appeared in this case, no written objection has been filed opposing to the prayer for transfer.

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3. 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-husband to have his oral objection to the transfer petition.

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4. Heard learned Counsel for the parties.

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5. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, she is a deserted lady. After her desertion, she is staying with her parents in villageNachhipur in the district of Nayagarh. To maintain her livelihood, she is working as a Data Entry Operator on contractual basis through an outsourcing agency in Mahanadi Wildlife Division. The Opposite Party-husband is at present working as Sub-Inspector, posted at Tikiri P.S., in the district of Rayagada and getting a handsome salary. That apart, there is a minor son adopted by both of them, who is now living with her. The distance from Nachhipur, in the district of Nayagarh, to Bhubaneswar would be around 90 K.Ms. It would be difficult on her part to attend the day-to-day proceeding at Bhubaneswar by ignoring proper care to her minor

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male child. That apart, she is apprehending danger to her life, if she appears before the Court at Bhubaneswar.

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6.1 Learned Counsel for the Petitioner-wife further submits, though the Opposite party-husband is earning a handsome amount, but not paying a single pie to the Petitionerwife so also adopted minor son for their maintenance. That apart, though the Opposite Party –Husband is serving in the district of Rayagada, intentionally instituted the proceeding before the Court at Bhubaneswar, which has no jurisdiction, in order to harass the Petitioner-wife and to prevent her from effectively defending her rights in the C.P. and obtain an ex-parte decree.

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6.2 Learned Counsel for the Petitioner-wife further submits, the Opposite Party is serving at Tikiri P.S. in the district of Rayagada. If this Court allows the prayer made in the transfer petition, he can very well appear through virtual mode, as the Court at Nayagarh is having Video Conferencing facility.

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6.3 Learned Counsel for the Petitioner-wife further submits, as per the settled position of law, while dealing with transfer of matrimonial proceedings, the wife’s convenience must be looked at.

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7. Per contra, opposing to such submission made by learned Counsel for the Petitioner so also prayer made in the

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transfer petition, learned Counsel for the Opposite Party-husband submits, since both the Petitioner-wife and Opposite Partyhusband, after marriage, last resided at Bhubaneswar, his client has rightly filed C.P. No.272 of 2025 before the learned Family Judge-II, Bhubaneswar having jurisdiction.

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7.1 That apart, the learned Family Judge-II, Bhubaneswar is having video conferencing facility. She can very well appear through virtual mode, if she is having any difficulty to attend the proceeding physically in the said case at Bhubaneswar.

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7.2 So far as averments regarding service of the Opposite Party-husband so also his present place of posting, learned Counsel for the Opposite Party-husband fairly conceded such averments to be correct. However, he submits, job of the Opposite Party-husband is transferrable. He is likely to be transferred from Rayagada to other places within the State of Odisha during pendency of the transfer petition.

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7.3 Learned Counsel for the Opposite Party further submits, if this Court intends to allow the prayer made in the transfer petition, his client be permitted to appear through virtual mode.

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8. Law is well settled that in matrimonial proceedings, convenience of the wife must be looked at. In N.C.V. Aishwarya

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Vs. A.S. Saravana Karthik Sha , reported in 2022 SCC OnLine

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SC 1199, the Supreme Court 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 socio-economic 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. After going through the pleadings made in the transfer petition so also taking note of the contentions of 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.

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10. Accordingly, the learned Judge, Family Court-II, Bhubaneswar is directed to transmit the case record in C.P No.272 of 2025 to the Court of learned Judge, Family Court, Nayagarh 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.272 of 2025, learned Judge, Family Court, Nayagarh 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. For convenience of the parties, the Court of learned Judge, Family Court, Nayagarh 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 Court of learned Judge, Family Court, Nayagarh.

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13. To avoid delay and notice, the parties are directed to make a query themselves or through their counsel regarding the date and purpose of posting of C.P No.272 of 2025 and attend the Court of learned Judge, Family Court, Nayagarh. Both the parties are further directed not to ask for unnecessary adjournments and cooperate with the Court of learned Judge, Family Court,

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Nayagarh, who shall do well to conclude the proceeding in C.P No.272 of 2025 at the earliest.

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

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15. Office is directed to communicate a copy of this judgment to the Court of learned Judge, Family Court-II, Bhubaneswar, so also the Court of learned Judge, Family Court, Nayagarh for compliance.

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16. Urgent certified copy of this judgment be granted on proper application as per rules.

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…….…………………… S.K. MISHRA, J.

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Orissa High Court, Cuttack. Dated, the 11^th September, 2025/ Kanhu

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Signature Not Verified

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Digitally Signed Signed by: KANHU BEHERA Page 7 of 7 Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 12-Sep-2025 18:15:07

Jyotsna Rani Sahoo v. Prasanta Kumar Subudhi

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Jyotsna Rani Sahoo v. Prasanta Kumar Subudhi

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