Devjani Mishra vs Nigamananda Mishra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 476

IN THE HIGH COURT OF ORISSA, CUTTACK
SANJAY KUMAR MISHRA
Devjani Mishra – Appellant
Versus
Nigamananda Mishra – Respondent

Advocates:
Advocate Appeared:
For the Petitioner:Mr. J. Patnaik, Advocate
For the Opposite Party :Mr. S. Senapati, Advocate

JUDGMENT :

S.K. MISHRA, J.

1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. Case No.857 of 2024, pending in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Baripada on the grounds detailed in the transfer petition.

2. The Opposite Party-Husband, being noticed, has filed a Counter Affidavit opposing to such prayer for transfer. Apart from denying the grounds urged in the transfer petition, it has been stated in the Counter that the Petitioner is capable to bear the legal expenditure and defend her case before the learned Judge, Family Court, Bhubaneswar.

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.

4. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner-Wife is a deserted lady. After her desertion, she is staying with her brother and old and ailing mother at Baripada. Having no source of income, she is dependent on her brother, who is also unable to bear her maintenance so also litigation expenses. After h