Orissa High Court
Banajyostna Mallick vs Binod Bihari Dalai ....... Opposite ... on 6 August, 2025
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.128 of 2023
Banajyostna Mallick ....... Petitioner
-Versus-
Binod Bihari Dalai ....... Opposite Party
Advocate for the parties
For Petitioner : Mr. P.K. Kundu,
Advocate
For Opposite Party : Mr. A.K. Jena,
Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
Date of Hearing and Judgment : 06.08.2025
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S.K. MISHRA, J.
1. This transfer petition has been filed by the Petitioner-Wife, for transfer of proceeding in C.P. No.315 of 2022, preferred by the Opposite Party-Husband under Section 13(1) of the Hindu Marriage Act, 1955, from the Court of learned Judge, Family Court, Kendrapara to the Court of learned Judge, Family Court, Cuttack on the grounds detailed therein.
2. Heard learned Counsel for the parties.
3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner is a destitute lady. After her desertion she is staying with her parents at Village- Jampada, under Niali Police Station, in the district of Cuttack. She is having a minor daughter, who is only four years old. The Opposite Party-Husband has intentionally filed the application to dissolve the marriage in the Court of learned Judge, Family Court, Kendrapara to cause inconvenience, harassment and irreparable loss to her so also her minor daughter. Because of her financial stringency, it would be difficult on her part to attend the proceeding in C.P. No.315 of 2022 at Kendrapara, which is around 100 K.M. away from the place, where she is residing at present. She being an unemployed lady having no source of income to bear the cost of travelling, it would not be possible on her part to travel such a long distance with her minor daughter on each and Page 2 of 7 every date to attend the proceeding in C.P. No.315 of 2022 at Kendrapara.
4. Apart from that she has a threat to her life so also the life of her minor daughter, as because; the Opposite Party has no emotional attachment, love and affection towards them. When the Petitioner and her minor daughter were residing with the Opposite Party in Kendrapara in his residence, he attempted twice to kill her and her minor daughter.
5. To substantiate the prayer made in the transfer petition, learned Counsel for the Petitioner relies on the judgments of the Supreme Court reported in AIR 2002 SC 396 (Sumita Singh Vs. Kumar Sanjay & anr.) and in AIR 2022 SC 4318 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha) .
6. Though no written objection has been filed opposing to such prayer for transfer, per contra, learned Counsel for the Opposite Party-Husband submits, the Petitioner has filed D.V. Misc. Case No.74 of 2023, which is now pending before JMFC (Rural), Cuttack. On being Page 3 of 7 noticed, his client has appeared in the said case. Being directed by the said Court, the Opposite Party-Husband is paying Rs.5,000/- every month towards interim maintenance to the Petitioner-Wife. Thus, she will be able to bear her traveling and other legal expenses to attend the proceeding at Kendrapara.
7. He further submits, in view of the facility of Video Conference available in the Court of learned Judge, Family Court, Kendrapara, she can very well appear through virtual mode, if she so desires. There is no need to travel to attend the Court proceeding in C.P. No.315 of 2022 at Kendrapara.
8. As has been admitted by the learned Counsel for the Opposite Party-Husband, D.V. Misc. Case No.74 of 2023 is now pending in the Court of JMFC (Rural), Cuttack, wherein the Opposite Party has entered appearance and contesting the said case at Cuttack.
9. In Anindita Das Vs. Srijit Das, reported in (2006) 9 Supreme Court Cases, the Supreme Court observed as follow:-
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"Even otherwise, it must be seen that at one stage this Court was showing leniency to ladies. But since then it has been found that a large number of transfer petitions are filed by women taking advantage of the leniency shown by this Court. On an average at least 10 to 15 transfer petitions are on board of each court on each admission day. It is, therefore, clear that leniency of this Court is being misused by the women."
10. In view of the admitted facts on record so also submissions made by the learned Counsel for the parties and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition. The Judge, Family Court, Kendrapara is directed to transmit the case record in C.P. No.315 of 2022 to the Court of Judge, Family Court, Cuttack at the earliest, preferably within a period of one week from the date of production of certified copy of this order.
11. On receiving the case record in C.P. No.315 of 2022 from the Court of Judge, Family Court, Kendrapara, the Judge, Family Court, Cuttack shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties. Page 5 of 7
12. The Judge, Family Court, Cuttack 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. However, on the dates of effective hearing i.e. for examination and cross-examination 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 Judge, Family Court, Cuttack.
13. To avoid delay, both the parties are directed to make a query themselves from the Court of learned Judge, Family Court, Cuttack regarding the date and purpose of posting of C.P. No.315 of 2022 and participate in the said proceeding.
14. Both the parties are also directed not to ask for unnecessary adjournments and cooperate with the Judge, Family Court, Cuttack, who shall do well to conclude the said proceeding at the earliest.
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15. The Judge, Family Court, Cuttack is directed to proceed further in C.P. No.315 of 2022 in accordance with law and try to conclude the said proceeding at the earliest, preferably within a period of six months from the date of receipt of the record in C.P. No.315 of 2022 from the Court of Judge, Family Court, Kendrapara.
16. With the said observation and direction, the transfer petition stands disposed of.
17. Office is directed to communicate a copy of this order to the Court of Judge, Family Court, Kendrapara so also the Judge, Family Court, Cuttack for compliance.
18. Urgent certified copy of this order be granted on proper application as per rules.
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S.K. MISHRA, J.
Orissa High Court, Cuttack.
Dated, 6th August, 2025/ Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Aug-2025 16:34:13 Page 7 of 7