Sibani Sahu Vs Sunil Kumar Panda

2. This transfer petition has been filed by the Petitionerwife for transfer of proceeding in C.P. No.32 of 2025, preferred by the Opposite Party-husband, now pending in the Court of learned Judge, Family Court, Rayagada, to the Court of learned Judge, Family Court, Berhampur on the grounds detailed in the Transfer Petition.

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3. Though the Opposite Party-husband has appeared, no written objection has been filed till date opposing to the prayer for transfer. However, the matter is taken up for hearing and disposal at the stage of admission, on consent of learned Counsel for the parties, permitting the learned Counsel for the Opposite Party-husband to orally oppose to the prayer made in 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, 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. The Petitioner-wife has one female child, who is around seven years old and one male child, who is around one year old. She being a deserted lady, having no source of income and two minor children, it would be difficult on her part to attend the day to day proceeding in C.P. No.32 of 2025 before the learned Judge, Family Court, Rayagada. That apart, at the instance of the Petitioner-wife, M.C. No.21 of 2025 under Section 144 of BNSS, 2023 is now subjudice before the learned J.M.F.C., Hinjilicut for maintenance. In the said case, the Opposite Party-husband has appeared and prayed for an adjournment to file Counter. Thereafter, after getting notice in M.C. No.21 of 2025, only to harass the Petitionerwife, the Opposite Party-husband filed C.P. No.32 of 2025 under Section 10 of the Hindu Marriage Act, 1955 before the learned Judge, Family Court, Rayagada for judicial separation.

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6. Per contra, learned Proxy Counsel for the Opposite Party-husband submits, her client being a permanent resident of Rayagada, has rightly preferred C.P. No.32 of 2025 before the learned Judge, Family Court, Rayagada. If the Petitioner-wife faces any difficulty to appear physically before the learned Judge, Family Court, Rayagada, she can very well appear through virtual mode with due permission of the said Court.

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7. 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 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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8. In view of the reasons detailed in the transfer petition, submissions made by 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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9. Accordingly, the learned Judge, Family Court, Rayagada is directed to transmit the case record in C.P. No.32 of 2025 to the Court of learned Judge, Family Court, Berhampur 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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10. On receiving the case record in C.P. No.32 of 2025 from the Court of learned Judge, Family Court, Rayagada, the Court of learned Judge, Family Court, Berhampur 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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11. The learned Judge, Family Court, Berhampur 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 any other purposes, for which their presence may be required by the Court below and if it is so ordered, the parties shall remain physically present before the learned Judge, Family Court, Berhampur.

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12. To avoid delay and notice, the parties are directed to make a query themselves or through their counsels about the date and purpose of posting of C.P. No.32 of 2025 from the Court of learned Judge, Family Court, Berhampur and participate in the said proceeding. They are further directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Berhampur, who shall do well to conclude the said proceeding at the earliest.

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

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14. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Rayagada so

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also the learned Judge, Family Court, Berhampur for compliance.

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15. Interim order dated 31.07.2025 passed in I.A. No.247 of 2025 stands vacated.

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16. 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

Sibani Sahu v. Sunil Kumar Panda

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Sibani Sahu v. Sunil Kumar Panda

Case brief

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