Pravakar Pati Vs Anita Pati — Matrimonial and Divorce | Orissa HC (2026)

Pravakar Pati Vs Anita Pati — Matrimonial and Divorce | Orissa HC (2026)

What the court decided

AI extract

Outcome

No transfer relief granted; transfer prayer rejected. Petitioner-husband left free to move the Family Court, Cuttack for ICT/virtual hearing facilities, to be considered in accordance with law; copy of the order to be forwarded to the learned Judge, Family Court, Cuttack for the file of C.P. No. 511 of 2022.

Issue for consideration

Whether the transfer petition under Section 24 CPC seeking transfer of C.P. No. 511 of 2022 (divorce petition filed by the wife) from the Family Court, Cuttack to the Family Court, Rourkela should be allowed. +1 more

Court's answer

On a perusal of Section 19 of the Hindu Marriage Act and Section 7 of the Family Courts Act, the divorce petition filed by the wife is pending before the court of proper territorial jurisdiction.

Ratio / Principle

Transfer of the C.P. after four years of trial would require the suit to be renumbered as a C.P. of 2026 and would render the trial that has proceeded till date nugatory.

Key takeaways

The petitioner's ground of residence at a distance of 350 kilometres at Rourkela applies equally to the wife, whose address statement indicates residence at Cuttack-Sadar.ratio¶47
In the competing claims of residence, the wife having initiated the C.P., her choice of place of litigation as dominus litis is to be respected.ratio¶48
The prayer for transfer of Civil Proceeding No. 511 of 2022 from the Family Court, Cuttack to the Family Court, Rourkela is rejected.

Detailed headnote1 paragraphs

Transfer Petition (Civil) — Section 24, Code of Civil Procedure, 1908 — Matrimonial proceeding — Husband's application to transfer wife's divorce petition (C.P. No. 511 of 2022 under section 13, Hindu Marriage Act, marriage of 02.04.2008) from the Family Court, Cuttack to the Family Court, Rourkela — Rejected. Held: (i) per Section 19, Hindu Marriage Act, 1955 and Section 7, Family Courts Act, 1984, the wife's petition is pending before the court of proper territorial jurisdiction; (ii) transfer after four years of trial would entail renumbering as a C.P. of 2026 and render the trial conducted till date nugatory; (iii) the ground of distance (350 km, Rourkela) applies equally to the wife, who resides at Cuttack-Sadar; (iv) the wife, having initiated the C.P., is dominus litis and her choice of place of litigation is to be respected. Ancillary direction: the petitioner-husband may move the court in seisin for ICT/virtual hearing facilities, and if such prayer is made that court shall pass orders in accordance with law extending such facilities, if available, to either party. Petition dismissed/disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP (C) No . 118 of 2026

An application under Section 24 of the Code of Civil Procedure, 1908.

Pravakar Pati …. Petitioner

Versus Anita Pati …. Opposite Party

Advocates appeared in the case :

For Petitioner: Mr. Karunakar Nayak, Advocate

For Opp. Party:

CORAM:

THE HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

J U D G M E N T

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Date of hearing and judgment: 6^th May, 2026

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MRUGANKA SEKHAR SAHOO, J.

1 . The petitioner-husband in the marriage is before this court seeking transfer of Civil Proceeding No.511 of 2022 pending before the learned Judge, Family Court, Cuttack to the court of learned Judge, Family Court, Rourkela.

The C.P. has been initiated by the wife in the marriage under section 13 of the Hindu Marriage Act for dissolution of

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the marriage solemnized between the parties on 02.04.2008 and for grant of decree of divorce.

2 . On 02.05.2026 after hearing the learned counsel for the petitioner, the following was directed:

“2. Since the transfer is sought for after four years of trial of the case before the learned Judge, Family Court, Cuttack, a report be called for from the learned Judge, Family Court, Cuttack regarding present status of the case, the next date of listing and steps proposed to be taken by the Court for further proceeding. The report shall be submitted on or before 05.05.2026.”

3 . Pursuant to the said order dated 02.05.2026 the learned Judge, Family Court by his letter dated 05.05.2026 has intimated that “ … C.P. No.511/2022 is presently posted to date 07.05.2026 for cross examination of PW1 and that the Respondent has already been directed to file his affidavit disclosing the Assets & Liabilities. It is to state that the petitioner has already submitted the affidavit regarding her Assets & Liabilities. ”

4 . Perusal of the petition indicates that the sole ground for seeking transfer of the petition under Section 24 of the C.P.C. is that the husband resides at Rourkela. Section 19 under Chapter V of the Hindu Marriage Act, 1955 provides Jurisdiction and Procedure, which is reproduced herein:

“ 19. Court to which petition shall be presented .Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction-

—(i) the marriage was solemnised, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

TRP (C) No.118 of 2026

(iii) the parties to the marriage last resided together, or

(iii-a)in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or (iv)the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.”

5. Section 7 of the Family Courts Act, 1984 provides Jurisdiction. The said section is reproduced herein:

“ 7. Jurisdiction.- (1) Subject to the other provisions of this Act, a Family Court shall-

(a)have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and

(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.

Explanation.-The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:-…”

6. Section 24 of the Code of Civil Procedure provides

thus:

“ 24. General power of transfer and withdrawal.— (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion, without such notice, the High Court or the District Court may, at any stage—

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(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it; and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn. ...”

7. Perusal of the Section 19 of the Hindu Marriage Act and Section 7 of the Family Courts Act indicates that in the case at hand the petition filed by the wife in the marriage is before the Court of proper territorial jurisdiction. Transfer of the C.P. after four years would result in a situation where the suit has to be renumbered as a C.P. of 2026 and the trial that has proceeded till date would be rendered nugatory.

The grounds stated by the present petitioner that he is residing at a distance of 350 Kilometers at Rourkela would also apply to the wife in the marriage whose address statement indicates that he is a resident of Cuttack-Sadar.

8. Now, this Court is presented with competing claims wherein the wife staying at Cuttack-Sadar has filed the application before the learned Family Court, Cuttack whereas the husband submits that he stays at Rourkela. In such scenario, the wife having initiated the C.P. her choice of place of litigation, she being the dominus litis is to be respected.

9. The prayer for transfer of Civil Proceeding No.511 of 2022 pending before the learned Judge, Family Court,

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Cuttack to the court of learned Judge, Family Court, Rourkela has to be and is rejected.

10. The learned counsel for the petitioner submits that the petitioner-husband may be allowed to utilize the Information and Communication Technology (ICT) facility if available.

For utilizing the facility such as virtual Court, virtual hearing etc., the petitioner if so advised shall move the learned Court in seisin of the matter. If any such prayer is made, the learned Court shall pass orders in accordance with law for extending the ICT facilities if available, for conducting hearing of the case, to either of the parties.

11. The petition stands disposed of with the above observations.

Copy of this order shall be forwarded to the learned Judge, Family Court, Cuttack to be kept in the file of Civil Proceeding No.511 of 2022.

Mruganka Sekhar Sahoo

Judge

Orissa High Court, Cuttack The 6^th May, 2026/Jyostna

Signature Not Verified

Digitally Signed Signed by: JYOSTNARANI MAJHEE Reason: Authentication Location: OHC Date: 11-May-2026 17:39:35 TRP (C) No.118 of 2026

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