Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 438

IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA, J.

Swarnalata Badatya – Appellant
Versus
Niranjan Badatya – Respondent
TRP(C) No.165 of 2024, TRPCRL No.72 of 2024, TRPCRL No.73 of 2024
Decided On : 10-11-2025

Advocates Appeared:
For the Appellant : Ms. P. Bastia, Adv.
For the Respondent: Mr. K.A. Guru, Adv.

In matrimonial matters, the convenience of the wife is crucial for transfer petitions and related proceedings involving common questions of fact and law should be consolidated.

Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1) - Code of Criminal Procedure, 1973 - Section 125 - Protection of Women from Domestic Violence Act, 2005 - Transfer petitions for divorce and maintenance proceedings owing to convenience and proximity of parties - Court emphasizes the need for proceedings with common questions of fact and law to be tried together to avoid multiplicity and conflicting decisions. (Paras 10, 12)

(B) Convenience of the wife is paramount in transfer applications related to matrimonial disputes, as established by case law. (Paras 10, 11)

Facts of the case:
Transfer petitions were filed by both parties concerning divorce and maintenance proceedings, with the wife facing difficulties due to economic circumstances and distance, while the husband sought relocation of proceedings for convenience. The proceedings were found to be interdependent and hence should be consolidated.

Findings of Court:
The transfer petition by the wife is allowed, whereas the husband's petitions are dismissed. The learned Judge is directed to consolidate cases for efficient management.

Issues: Whether the court should transfer multiple proceedings to the same court based on the convenience of the parties and the relationship between the cases.

Ratio Decidendi: The court held that the convenience of the wife is a significant consideration in matrimonial matters and that proceedings involving common issues should be unified to prevent conflicting outcomes.

Result: TRP

(C) No.165 of 2024 allowed; TRPCRL No.72 and TRPCRL No.73 of 2024 dismissed.

JUDGMENT :

SANJAY KUMAR MISHRA, J.

1. TRP(C) No.165 of 2024 has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.165 of 2024 filed by the Opposite Party-Husband under section 13 (1) of the HINDU MARRIAGE ACT , 1955 for decree of divorce, now pending in the Court of learned Judge, Family Court, Berhampur, to the Court of learned Judge, Family Court, Rourkela.

2. Similarly, TRPCRL No.72 of 2024 has been preferred by the Petitioner-Husband for transfer of proceeding in Criminal Proceeding No.42 of 2024 initiated by the Opposite Party-Wife under Section 125 of Cr.P.C for maintenance, now pending in the Court of learned Judge, Family Court, Rourkela to the Court of learned Judge, Family Court, Berhampur.

3. TRPCRL No.73 of 2024 has also been preferred by the Petitioner-Husband for transfer of proceeding in Crl. Misc. Case No.298 of 2023 preferred by the Opposite Party-Wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005, now pending in the Court of learned S.D.J.M. (P), Uditnagar, Rourkela, to the Court of learned S.D.J.M, Berhampur.

4. In all the three transfer petitions, which are on board, the parties being same and the issues pertaining to these transfer petitions, being common, are taken up together for hearing and final disposal vide this common Judgment.

5. Heard learned Counsel for the parties.

6. Learned Counsel for the Petitioner in TRP(C) No.165 of 2024 submits, the Petitioner being a destitute lady having no source of income, is staying with her parents at Rourkela and there is no male member in her matrimonial house to accompany her to travel from Rourkela to Berhampur, which would be around 500 KMs. away. It would be very difficult on her part to travel such a long distance to attend the day to day proceeding in C.P. No.165 of 2024, which is now pending before the learned Judge, Family Court, Berhampur. She further submits, after her desertion, the Petitioner-Wife has not been paid any amount by the Opposite Party-Husband, even though she has filed an application under Section 125 Cr.P.C. for maintenance before the learned Judge, Family Court, Rourkela, which has been registered as Criminal Proceeding No.42 of 2024. Hence, without any income to maintain her livelihood so also to bear the litigation and traveling expenses, it would be difficult on her part to attend the proceeding at Berhampur.

7. Drawing attention of this Court to the averments made in paragraphs-4 & 5 of the transfer petition, learned Counsel for the Petitioner further submits, at the instance of the Petitioner-Wife, Crl. Misc. Case No.298 of 2023 filed under Section 12 of the Protection of Women from Domestic Violence Act is now pending before the S.D.J.M. (P), Uditnagar, Rourkela. Though the Opposite Party-Husband is at present working as Software Engineer at Bengaluru, being noticed, he has appeared in both the said proceedings at Rourkela. Even if, it has not been averred in the transfer petition, it has been admitted by the Opposite Party-husband in his transfer petition that, at the instance of the Petitioner-Wife, a proceeding under Section 4 98-A read with Section 4 of D.P. Act, is also pending in the Court of learned S.D.J.M. (P), Uditnagar, Rourkela.

8. Per contra, Mr. Guru, learned Counsel for the Opposite Party-Husband, who is the Petitioner in TRPCRL. Nos.72 & 73, both of 2024, submits that his client is facing much difficulty to attend all the proceedings pending before various Courts at Rourkela. Hence, being compelled, he approached this Court for transfer of those proceedings from Rourkela to Berhampur. He further submits, instead of Berhampur, if all the proceedings are transferred to Bhubaneswar, a place having good flight connectivity; it would be convenient for his client to attend all the proceedings at Bhubaneswar.

9. Mr. Guru, learned Counsel for the Opposite Party- Husband further submits, if the Petitioner-Wife has any difficulty to appear before the Court at Berhampur,