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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Jitendra Kumar Das – Appellant
Versus
Pallabi Biswal – Respondent
| Table of Content |
|---|
| 1. transfer petitions and their grounds (Para 1 , 2 , 3) |
| 2. arguments regarding convenience in transfer (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. request for additional information via affidavit (Para 11) |
| 4. law on convenience of the wife in transfers (Para 12) |
| 5. court's decision on transfer requests (Para 13) |
| 6. conclusion and directives for compliance (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
JUDGMENT :
1. TRP(C) No.11 of 2025 has been filed by the Petitioner-wife for transfer of C.P. No.207 of 2024, which has been filed by the Opposite Party-husband before the learned Judge, Family Court Baripada under Section 13(i)(ia) of HINDU MARRIAGE ACT , 1955 for divorce, to the Court of learned Judge, Family Court, Balasore, whereas, TRPCRL No.15 of 2025 has been filed by the Petitioner-husband for transfer of D.V. Misc. Case No.214 of 2024, which has been filed by the Opposite Party-wife under Section 12 of the P.W.D.V. Act, 2005 in the Court of learned S.D.J.M., Balasore, to the Court of learned S.D.J.M., Baripada. TRPCRL No.16 of 2025 has also been filed by the Petitioner-husband for transfer of proceeding in Cr.P. No.382 of 2024, which has been filed by the Opposite Party-wife
In matrimonial disputes, the convenience of the wife is the primary consideration, and cases should be consolidated for hearing together to avoid conflicting judgments.
In matrimonial disputes, the convenience of the wife is paramount in considering transfer requests, necessitating that related cases should ideally be tried together to avoid conflicting decisions.
The court established that the convenience of the wife is the foremost consideration in transferring matrimonial proceedings, supported by relevant socioeconomic factors.
In matters of matrimonial proceedings, the convenience of the wife is paramount when considering a transfer under Section 24 of CPC.
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