IN THE HIGH COURT OF ORISSA AT CUTTACK
Sanjay Kumar Mishra
Rashmita Behera – Appellant
Versus
Kharabela Digbijaya Patra – Respondent
| Table of Content |
|---|
| 1. transfer petition details and opposing views. (Para 1 , 2) |
| 2. arguments from both parties. (Para 3 , 4 , 5 , 6) |
| 3. legal standards for transfer of matrimonial cases. (Para 7 , 8) |
| 4. decision on transfer petition. (Para 9) |
| 5. final directions and conclusion of the judgment. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
JUDGMENT :
1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.307 of 2024, now pending in the Court of learned Judge, Family Court, Jagatsinghpur to the Court of learned Judge, Family Court, Dhenkanal, on the grounds detailed in the transfer petition.
3. Heard learned Counsel for the Parties.
5. Mr. Panigrahi further submits, though it has not been averred in the transfer petition , D.V. Misc. Case No.53 of 2023 is now pending at the instance of the Petitioner-Wife before the learned JMFC, Bhuban. Being noticed, the Opposite Party-Husband has appeared and is contesting the said case at Bhuban. Since there is no Family Court at Bhuban, if the matter is transferred to the Court of learned Judge, Family Court, Dhenkanal, it will be nearer to Bhuban and convenient on her part to attend the proceeding at
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 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.
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....
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.
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