Kalpana Das Vs Rashmi Ranjan Mallick

3. Pursuant to Order dated 12.09.2025, the learned Judge, Family Court, Rourkela has submitted a report vide letter No.702 dated 27.09.2025, indicating therein that the copy of order dated 12.09.2025 was served on the learned Counsel for the Petitioner in C.P. No.71 of 2025, who is the present Opposite Party. Still, the Opposite Party goes unrepresented when the matter is called.

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4. Hence, on being prayed by learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal in absence of the Opposite Party.

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5. This transfer petition has been filed by the Petitionerwife for transfer of proceeding in C.P. No.71 of 2025, preferred by the Opposite Party-husband, now pending in

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the Court of learned Judge, Family Court, Rourkela, to the Court of learned Judge, Family Court, Kendrapara on the grounds detailed in the Transfer Petition.

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6. Heard learned Counsel for the Petitioner. 7. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner is a deserted lady. After her desertion, she is staying with her parents, who are old and ailing. She has no source of income to maintain her livelihood and is totally dependent on her parents. That apart, the distance from Kendrapara to Rourkela would be around 350 K.Ms. She being a deserted lady, having no source of income, it would be difficult on her part to attend the day to day proceeding in C.P. No.71 of 2025 before the Judge, Family Court, Rourkela. Hence, learned Counsel for the Petitionerwife prays for transfer of proceeding from Rourkela to Kendrapara.

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8. Law is well settled that, while dealing with transfer petitions in matrimonial cases, convenience of the wife must be looked at. In N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, reported in 2022 SCC 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

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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 reasons detailed in the transfer petition, submissions made by learned Counsel for the Petitioner 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, Rourkela is directed to transmit the case record in C.P. No.71 of 2025 to the Court of learned Judge, Family Court, Kendrapara at the earliest, preferably within a period of one week from the date of production of certified copy of this order.

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11. On receiving the case record in C.P. No.71 of 2025 from the Court of learned Judge, Family Court, Rourkela, the Court of learned Judge, Family Court, Kendrapara 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, Kendrapara 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

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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, Kendrapara.

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13. The parties are directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Kendrapara, who shall do well to conclude the said proceeding 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 order to the Court of learned Judge, Family Court, Rourkela so also the learned Judge, Family Court, Kendrapara for compliance.

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16. Interim order dated 31.07.2025 passed in I.A. No.220 of 2025 stands vacated.

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17. Urgent certified copy of this order be granted on proper application as per rules.

(S.K. Mishra)

Kanhu

Judge

Signature Not Verified

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Digitally Signed Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-Oct-2025 11:45:52

Kalpana Das v. Rashmi Ranjan Mallick

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Kalpana Das v. Rashmi Ranjan Mallick

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