IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJAY KUMAR MISHRA
Jyotirmayee Dash @ Patra – Appellant
Versus
Prakash Ranjan Patra – Respondent
| Table of Content |
|---|
| 1. transfer request and details of the parties. (Para 1 , 5 , 6 , 7) |
| 2. opposition to transfer based on convenience. (Para 2 , 8 , 9) |
| 3. legal considerations for transfer application. (Para 3 , 4 , 10 , 11) |
| 4. granting the transfer petition. (Para 12) |
| 5. implementation and directions post-transfer. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. Case No.262 of 2025, now pending in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Puri, on the grounds detailed in the transfer petition.
3. Since pleadings are complete, on consent of the learned Counsel for the Parties, the matter is taken up for hearing and disposal at the stage of admission.
5. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner-Wife is a deserted lady. After her desertion, she is staying with her parents at Puri with her minor daughter namely, Maheswari @ Munmun Patra, who is only 10 years old and is mentally immature from her childhood and is under treatment. As she is mentall
The court established that the convenience of the wife is the foremost consideration in transferring matrimonial proceedings, supported by relevant socioeconomic factors.
In matrimonial proceedings, the convenience of the wife is a primary consideration for transferring cases between jurisdictions.
In matrimonial transfer applications, the wife's convenience and socio-economic context are paramount considerations, following the principles established in relevant case law.
In matrimonial transfer cases, the convenience and safety of the wife are paramount, often necessitating the transfer of proceedings to a nearby location to facilitate fair access to justice.
The convenience of the wife is paramount in deciding transfer petitions for matrimonial proceedings, prioritizing her ability to engage effectively with legal processes amidst financial and logistica....
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