Jyotirmayee Dash@Patra Vs Prakash Ranjan Patra

1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. Case No.262 of 2025, now pending in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Puri, on the grounds detailed in the transfer petition.

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2. Opposite Party-Husband, on being noticed, has

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filed an objection opposing to such prayer for transfer.

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3. 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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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 submits, the Petitioner-Wife is a deserted lady. After her desertion, she is staying with her parents at Puri with her minor daughter namely, Maheswari @ Munmun Patra, who is only 10 years old and is mentally immature from her childhood and is under treatment. As she is mentally immature, currently she is studying in Class-UKG at Puri.

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6. That apart, at present the parents of the Petitioner

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are looking after her and her minor daughter .However, they are not in a position to accompany her to attend the Court proceeding at Bhubaneswar. The distance from Puri to Bhubanewar is around 50 K.Ms. There is no male member to accompany her to travel such a long distance. That apart, it

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will be difficult on her part to attend the day to day proceeding at Bhubaneswar leaving her minor daughter at Puri.

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7. Further, at her instance, Cr.P. No.26 of 2025 is now pending before the learned Judge, Family Court, Puri for maintenance. On being noticed, the Opposite Party-Husband has appeared and is participating in the said proceeding.

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8. Learned Counsel for the Petitioner further submits,

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as per the settled position of law, so far as transfer of matrimonial disputes, the convenience of the wife is the paramount consideration. He further submits, since the Opposite Party-Husband is appearing before the learned Judge, Family Court, Puri and contesting Cr.P. No.26 of 2025,

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it would be convenient for both the parties, if the proceeding is transferred to the Court of learned Judge, Family Court, Puri.

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9. Learned Counsel for the Opposite Party-Husband submits, he has objection to such prayer, as the Opposite Party has some medical issues, he would be unable to travel to Puri to attend the day to day proceeding in C.P. Case No.262 of 2025, if it is transferred to Puri. Learned Counsel for the Opposite Party-Husband further submits, if this Court

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is inclined to allow the prayer for transfer, the Opposite Party be permitted to appear through virtual mode.

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10. Law is well settled that, while dealing with the application for transfer of matrimonial proceedings, the Court has to examine various factors and the most important factor is convenience of wife.

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11. 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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12. 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. Case No.262 of 2025, pending in the Court of learned

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Judge, Family Court, Bhubaneswar to the Court of learned Judge, Family Court, Puri is allowed.

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13. The learned Judge, Family Court, Bhubaneswar is directed to transmit the case record in C.P. No.262 of 2025 to the Court of learned Judge, Family Court, Puri 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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14. On receiving the case record in C.P. Case No.262 of 2025 from the Court of learned Judge, Family Court, Bhubaneswar, the learned Judge, Family Court, Puri shall reregister the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties.

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15. To avoid multiplicity of proceedings so also for convenience of the parties, both C.P. Case No.262 of 2025 and Cr. P. No.26 of 2025 be tried by posting both the said cases to same date and the learned Court shall proceed simultaneously.

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16. The learned Judge, Family Court, Puri is requested

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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 crossexamination 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 learned Judge, Family Court, Puri.

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17. After the case is transferred to the Court of learned Judge, Family Court, Puri, to avoid delay and notice, both the Parties are directed to make a query before the learned Judge, Family Court, Puri themselves or through their Counsels to ascertain the date and purpose of posting of C.P. Case No.262 of 2025 and participate in the said proceeding.

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18. Both the Parties are further directed not to seek for

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unnecessary adjournments and cooperate with the learned Judge, Family Court, Puri who shall do well to conclude both

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the said proceedings, i.e., C.P. Case No.262 of 2025 and Cr.P. No.26 of 2025, at the earliest.

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19. With the said observation and direction, the

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transfer petition stands allowed and disposed of.

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20. Office is directed to communicate a copy of this Judgment to the Court of learned Judge, Family Court, Bhubaneswar so also the learned Judge, Family Court, Puri for compliance.

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21. Interim order dated 01.09.2025 passed in I.A.

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No.283 of 2025 stands vacated.

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22. Urgent certified copy be granted 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, 5^th 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: 06-Dec-2025 14:20:39

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Jyotirmayee Dash@Patra v. Prakash Ranjan Patra

Case brief

What is this about?

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Jyotirmayee Dash@Patra v. Prakash Ranjan Patra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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