IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.185 of 2025

Rinki Panigrahi ….... Petitioner

-Versus-

Ladu Kishore Tripathy ....... Opposite Party

Advocate for the parties

For Petitioner : Mr. A.K. Panda

Advocate

For Opposite Party : Mr. S.R. Subudhi

Advocate

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

CORAM: JUSTICE SANJAY KUMAR MISHRA

Date of Hearing & Judgment : 31.10.2025

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S.K. MISHRA, J.

1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.04 of 2025 filed by the Opposite Party-Husband under section 9 of the Hindu Marriage Act, 1955, now pending in the Court of learned Judge, Family Court, Phulbani, to the Court of

learned Judge, Family Court, Berhampur, Ganjam on the grounds detailed in the transfer petition.

2. Though the Opposite Party-Husband has appeared, till date no objection has been filed opposing to the said prayer for transfer. However, on consent of the learned Counsel for the Parties, the transfer petition is taken up for hearing and disposal at the stage of admission, giving liberty to the learned Counsel for the Opposite Party-Husband to have his oral objection to the transfer petition, if any.

3. Heard learned Counsel for the Parties.

4. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner-wife is a deserted lady having no source of income. After her desertion, she is facing lots of difficulties to maintain her day to day life and is dependent on her father. The distance between Phulbani to Berhampur is more than 160 K.Ms. and it would be difficult on her part to travel such a long distance to attend the Court proceeding on each and every date. There is also a life threat to her, if she is asked to appear before the learned Judge, Family Court, Phulbani.

5. Per contra, learned Counsel for the Opposite Party opposes to the said prayer for transfer on the ground that if the Petitioner has any difficulty, she can avail the facility of Video Conferencing and appear before the Court below by filing appropriate application seeking leave of the Court below to permit her to appear through virtual mode.

6. However, on being asked by the Court, learned Counsel for the Opposite Party fairly submits that his client is a defense personnel and is at present posted at Tipura.

7. Law is well settled that, while dealing with the application for transfer of matrimonial cases, the Court has to examine various factors and most important factor is the convenience of wife.

8. At this juncture, it would be apt to deal with the Judgment of the Supreme Court reported in 2022 SCC Online SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), wherein it is held as follows:-

“8. It is not disputed that the appellant is the resident of Chennai and that the appellant’s husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood. In order to attend the court proceedings of the case filed by her husband at Vellore she has to travel alone all the way from Chennai to Vellore as her parents are not in a position to accompany her on account of their old age. Secondly, the appellant has also filed a petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights and another petition, M.C. Sr. No.672 of 2021, for her maintenance before the Family Court at Chennai.

9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage a