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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sanjay Kumar Mishra
Soumya Goswami – Appellant
Versus
Soumya Ranjan Goswami – Respondent
| Table of Content |
|---|
| 1. transfer petition addresses jurisdictional convenience. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court facilitates virtual proceedings due to travel issues. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. transfer petition directed to be disposed of with specific orders. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
S.K. MISHRA, J.
This transfer petition has been filed by the Petitioner-wife for transfer of proceeding in CP No.119 of 2025, pending in the Court of learned Judge, Family Court, Bhadrak, to the Court of learned Judge, Family Court, Bhubaneswar on the grounds detailed in the transfer petition.
2. Heard learned Counsel for the parties.
3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, at present, the Petitioner is serving as Assistant Professor in Gita Autonomous College, Bhubaneswar in the Department of Computer Science and she is residing with her parents in Bhubaneswar. The Petitioner being a lady, is required to attend her professional duties and travelling repeatedly to Bhadrak, which is at a considerable distance from Bhubaneswar, will cause of serious hardship and inconvenience to her. It has also been stated that the Family Court,
A transfer petition is justified to avoid hardship due to distance between the parties and concurrent jurisdictions of Family Courts.
Court prioritizes convenience and welfare of parties in family law proceedings, allowing transfers based on hardship and recognizing virtual appearance for efficiency.
Transfer of proceedings under the Hindu Marriage Act ensures access to justice while considering financial and safety concerns of the parties.
In matrimonial transfer applications, the wife's convenience and socio-economic context are paramount considerations, following the principles established in relevant case law.
The court acknowledges the necessity of transferring cases for fairness and efficiency when technical issues impede effective participation in legal proceedings.
The court established that the convenience of the wife is the foremost consideration in transferring matrimonial proceedings, supported by relevant socioeconomic factors.
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