Orissa High Court
Swagatika Rout vs Kakal Krishna Rao .... Opposite Party on 6 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.24 of 2025
Swagatika Rout .... Petitioner
Mr. Prafulla Kumar Biswal, Advocate
-versus-
Kakal Krishna Rao .... Opposite Party
None
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
06.08.2025 Order No.
06. This matter is taken up through hybrid mode.
2. Vide order dated 01.07.2025 notice on the Opposite Party was held to be sufficient. On the said date the Opposite Party was found absent. Today also the Opposite Party goes unrepresented, when the matter is called. Accordingly, on being prayed by learned Counsel for the Petitioner, the transfer petition is taken up for hearing and final disposal in absence of the Opposite Party.
3. This transfer petition has been filed by the Petitioner- wife for transfer of proceeding in C.P. No.761 of 2024 preferred by the Opposite Party-husband for restitution of conjugal rights, now pending in the Court of learned Judge, Family Court, Cuttack, to the Court of learned Judge, Family Court, Kendrapara on the grounds detailed in the Transfer Petition.
Page 1 of 44. Heard learned Counsel for the Petitioner.
5. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner is a deserted lady and at present, is staying in her parental house at Belatal, P.S.- Pattamundai in the district of Kendrapara having no source of income. She is totally dependent on her parents. The distance between Pattamundai to Cuttack would be around 86 K.Ms. She being a deserted lady, it would be difficult on her part to travel from Kendrapara to Cuttack to attend the day-to-day proceeding at Cuttack. Apart from that, C.P. No.94 of 2024 has been filed by the Petitioner under Section 25 of the Special Marriage Act, 1954 before the Court of learned Family Judge, Kendrapara for declaration of marriage as null and void, in which the present Opposite Party entered appearance through his Advocate and took time to file W.S. Accordingly, learned Counsel for the Petitioner prays for transfer of proceeding in C.P. No.761 of 2024 from Cuttack to Kendrapara.
6. 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:
"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 Page 2 of 4 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 socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."
(Emphasis supplied)
7. In view of the reasons detailed in the transfer petition, submission made by learned Counsel for the Petitioner-wife and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition.
8. The Court of learned Judge, Family Court, Cuttack is directed to transmit the case record in C.P. No.761 of 2024 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.
9. On receiving the case record in C.P. No.761 of 2024 from the Court of learned Judge, Family Court, Cuttack, the learned Judge, Family Court, Kendrapara shall re- register the said case, if so required, tag the record to C.P. No.94 of 2024, which has been filed by the Petitioner for declaration of marriage as null and void, and proceed further in accordance with law giving due opportunity to both the parties.
10. The Court of learned Judge, Family Court, Kendrapara is requested to explore the facilities of Video Page 3 of 4 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 learned Judge, Family Court, Kendrapara.
11. To avoid delay, 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.
12. With the said observation and direction, the transfer petition stands disposed of.
13. Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court, Cuttack so also the learned Judge, Family Court, Kendrapara for compliance.
14. Urgent certified copy of this order be granted on proper application as per rules.
(S.K. Mishra) Kanhu Judge Signature Not Verified Digitally Signed Page 4 of 4 Signed by: KANHU BEHERA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 07-Aug-2025 20:42:34