Banajyostna Mallick vs Binod Bihari Dalai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 43

IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA
Banajyostna Mallick – Appellant
Versus
Binod Bihari Dalai – Respondent

Advocates Appeared:
For the Petitioner:Mr. P.K. Kundu, Advocate
For the Opposite Party :Mr. A.K. Jena, Advocate

Table of Content
1. petitioner's financial and safety concerns warrant transfer. (Para 1 , 3 , 4)
2. counsel asserts capabilities of virtual hearings and interim support. (Para 5 , 6 , 7)
3. court acknowledges prior leniency while addressing misuse in transfer requests. (Para 9 , 10 , 12)
4. judgment leads to the conclusion of disposed transfer petition. (Para 16)

JUDGMENT :

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 marriag