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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Bhagyashree Moharana – Appellant
Versus
Neetiban Maharana – Respondent
| Table of Content |
|---|
| 1. transfer petition initiated for child custody case. (Para 1) |
| 2. pending matters in family court highlighted. (Para 2 , 3) |
| 3. petitioner-wife cites hardship for transfer. (Para 6 , 7 , 8) |
| 4. opposite party suggests virtual appearance. (Para 9 , 10) |
| 5. court permits transfer and regulates future hearings. (Para 11 , 12 , 13 , 14 , 15) |
| 6. judgment concluded with compliance directions. (Para 16 , 17 , 18) |
JUDGMENT :
SANJAY KUMAR MISHRA, J.
1. This transfer petition has been filed by the Petitioner-wife for transfer of proceeding in C.P.(Mat.) Case No.59 of 2024, pending in the Court of learned Judge, Family Court, Balangir to the Court of learned Judge, Family Court, Berhampur, on the grounds detailed in the transfer petition.
2. Pursuant to order dated 30.07.2025, learned Counsel for the Opposite Party-Husband, after taking instruction, submits that his client has appeared in Cr.P. No.193 of 2024 and the said case is now pending in the Court of learned Judge, Family Court, Berhampur.
3. Though the Opposite Party-husband has appeared, no written objection has been filed till date opposing to such prayer for transfer.
4. However, on consent of the learned Counsel for the Parties
Court prioritizes convenience and welfare of parties in family law proceedings, allowing transfers based on hardship and recognizing virtual appearance for efficiency.
The court acknowledges the necessity of transferring cases for fairness and efficiency when technical issues impede effective participation in legal proceedings.
Transfer of proceedings under the Hindu Marriage Act ensures access to justice while considering financial and safety concerns of the parties.
A transfer petition is justified to avoid hardship due to distance between the parties and concurrent jurisdictions of Family Courts.
In transfer proceedings, the wife's convenience is paramount, and courts must utilize technology to ensure access to justice.
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.
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