IN THE HIGH COURT OF ORISSA, CUTTACK

TRPCRL No.119 of 2024

Debaraj Behera ….... Petitioner

-Versus-

Santilata Behera @ Behari &

another ....... Opposite Parties

Advocate for the parties

For Petitioner : Mr. T.K. Mohanty,

Advocate

For Opposite Parties : Mr. H.V.B.R.K. Dora,

Advocate

...................

CORAM: JUSTICE SANJAY KUMAR MISHRA

Date of Hearing & Judgment: 16.09.2025

_____________________________________________________________

S.K. MISHRA, J.

1. This transfer petition has been filed by the Petitioner- husband for transfer of proceeding in Cr.P. No.137 of 2024 from the Court of learned Judge, Family Court, Cuttack to the Court of learned Judge, Family Court No.2, Bhubaneswar on the grounds

detailed in the transfer petition.

2. Being noticed, the Opposite Party No.1-wife, who represents her minor son (Opposite Party No.2) has filed the Counter Affidavit opposing to such prayer for transfer.

3. Heard learned Counsel for the parties.

4. Learned Counsel for the Petitioner-husband, who appears through Virtual Court, Dhenkanal submits, the only ground for seeking transfer of Cr.P. No.137 of 2024 to the Court of Judge, Family Court No.II, Bhubaneswar is the pendency of C.P. No.481 of 2021 in the Court of learned Judge, Family Court No.II, Bhubaneswar . The said C.P. has been preferred by the Petitioner- husband under Section 13(i) of the Hindu Marriage Act, 1955 for dissolution of marriage between the parties. The present Opposite Party-wife, being noticed, has appeared in the said case.

5. Per contra, Mr. Dora, learned Counsel for the Opposite Party-wife submits, she being a deserted lady having no income, is staying at her parental house at Village Chanduli, PO: Sarichuan, PS: Sadar, Dist: Cuttack, which is around 18 KMs. away from Cuttack. During the lifetime of her father, she could manage to attend the proceeding in C.P. No.481 of 2021 at Bhubaneswar. Her father has died since March, 2024. She also made an attempt before this Court by filing TRP(C) No.145 of 2024 to transfer the proceeding in C.P. No.481 of 2021 to the Court of learned Judge, Family Court, Cuttack. But unfortunately her transfer petition stood rejected by the coordinate Bench giving her liberty to appear through virtual mode so also to take assistance of the Legal Services Authority, in case she has no means to engage a lawyer.

5.1. Mr. Dora submits, the Opposite Party-wife, being an illiterate lady, is unable to avail the facility of video conferencing, in terms of the liberty granted by the coordinate Bench vide order dated 21.06.2024 passed in TRP(C) No.145 of 2024. That apart, after the death of her father, it has become difficult on her part to attend the proceeding in C.P. No.481 of 2021 at Bhubaneswar, as there is no male member in the family to accompany her. As per the instruction received, the said case is at conciliation stage. However, due to her stringent financial condition, she is even unable to attend the conciliation proceeding in C.P. No.481 of

2021.

5.2. Mr. Dora further submits, if the prayer made in the transfer petition is allowed on the ground of pendency of C.P. No.481 of 2021 before the Court of learned, Judge, Family Court No.II, Bhubaneswar, it would be very difficult on the part of the Opposite Party-wife to bear the legal expenses of the lawyers so also travelling expenses to attend the proceeding at Bhubaneswar.

5.3. He further submits, being aggrieved by the order dated 21.06.2024 passed in TRP(C) No.145 of 2024, the Petitioner, being a destitute lady having no income, applied for legal aid before the Supreme Court Legal Aid Services Committee, shortly, “SCLSC”, to file SLP before the Supreme Court of India. The SCLSC has received the required documents sent by her and the same got registered as ANR No.4074 of 2024 vide Process Id 11099-2024 and 11158-2024.

5.4. Mr. Dora submits, the Petitioner-husband agreed to take her back so also her son to matrimonial house in the divorce proceeding, for which the matter was posted before the National Lok Adal