Mita Parida Vs Balaram Patra

The present transfer petition has been preferred by the Petitioner-wife for transfer of proceeding in CP No.63 of 2025, now pending in the Court of learned Judge, Family Court, Baripada, Mayurbhanj, to the Court of learned Judge, Family Court, Balasore on the grounds detailed in the transfer petition.

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2. Despite notice and giving further opportunity to the

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Opposite Party vide order dated 17.10.2025, the Opposite

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Party-husband goes unrepresented when the matter is called. Hence, as prayed by the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party-husband.

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3. Heard learned Counsel for the Petitioner.

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4. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that, the Petitioner being a deserted lady and having no income, is at present staying with her father at Panchupada, PS-Basta in the District of Balasore. The financial condition of her father is very poor. Even, he is unable to provide proper food and shelter to the Petitioner and her child. Further, the travelling and other legal expenses will be an additional financial burden on her father, if she is asked to appear before the learned Judge, Family Court at Baripada, Mayurbhanj. That apart, it would be difficult on her part to attend the day to day proceeding before the learned Judge, Family Court, Baripada, by travelling from Balasore to Baripada.

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5. Law is well settled that, while considering application for transfer of matrimonial proceedings, convenience of wife

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must be looked at. In the case of ( N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), reported in 2022 SCC

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OnLine 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 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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7. In view of the reasons detailed in the transfer petition, submission made by the learned Counsel for the Petitioner and the settled position of law, the prayer made in the transfer petition is allowed.

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8. The learned Judge, Family Court, Baripada, Mayurbhanj is directed to transmit the case record in C.P. No.63 of 2025 to the Court of learned Judge, Family Court, Balasore at the earliest, preferably within a period of one

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week from the date of production of certified copy of this order.

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9. On receiving the case record in C.P. No.63 of 2025 from the Court of learned Judge, Family Court, Baripada, Mayurbhanj, the learned Judge, Family Court, Balasore 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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10. It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Balasore 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, Balasore 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

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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 learned Judge, Family Court, Balasore.

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11. To avoid delay and notice, both the parties are directed to make a query themselves or through their Counsel from the Court of learned Judge, Family Court, Balasore to ascertain the date and purpose of posting of CP No.63 of 2025 and participate in the said proceeding.

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12. Both the parties are further directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Balasore for early disposal of CP No.63 of 2025.

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

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14. Interim order dated 15.07.2025 passed in I.A. No.169 of 2025 stands vacated.

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15. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Baripada,

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Mayurbhanj so also the learned Judge, Family Court, Balasore for compliance.

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16. Urgent certified copy of the judgment be granted on