IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.52 of 2024

Sujata Sahu ....... Petitioner

-Versus-

Hemanta Kumar Sahu ....... Opposite Party For Petitioner : Ms. S. Das, Advocate

For Opposite Party : Mr. B.B. Pattnayak, Advocate

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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Date of Hearing & Judgment: 06.01.2026

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S.K. MISHRA, J.

1. Though the parties were sent for mediation, as per the mediation report dated 22.10.2024 on record, the mediation became unsuccessful. Though the transfer petition is pending since 2024, no written Objection has been filed by the Opposite Party-Husband till date opposing to such prayer

for transfer.

2. 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, permitting the learned

Counsel for the Opposite Party to have his oral objection to the prayer made in the transfer petition.

3. The present transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.144 of 2023, pending in the Court of learned Judge, Family Court, Jharsuguda, to the Court of learned Judge, Family Court, Sundergarh on the grounds detailed in the transfer petition.

4. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner-Wife is a deserted lady having a 9 years old minor daughter. After her desertion, she is staying with her brother, who has a puja store near the bus stand in Sundergarh district for his livelihood.

5. Further, she has also filed an application under section 125 Cr.P.C. before the Court of learned SDJM, Sundergarh for her so also maintenance of her minor child vide Misc. Case No.24 of 2024. Being noticed, the Opposite Party-Husband has appeared and contested the said case before the Court of learned SDJM, Sundergarh.

6. She further submits, till date no order has been passed in Misc. Case No. 24 of 2024. She submits, it would be difficult on her part to bear the legal so also travelling expenses and attend the day to day proceeding at Jharsuguda by travelling with her minor child.

7. Per contra, learned Counsel for the Opposite Party submits, the distance from Jharsuguda to Sundergarh would be hardly 30 K.Ms. away. That apart, a DV Case has been initiated by the Opposite Party’s sister before the learned Judge, Family Court, Bhubaneswar. Being noticed, she is appearing before the said Court and contesting the said case at Bhubaneswar.

8. Learned Counsel for the Opposite Party further submits, if she has any difficulty, she may also pray before the Court below to allow her to appear through virtual mode.

9. Learned Counsel for the Petitioner further submits, the Opposite Party was serving in Army. Thereafter he is serving in Indian Railway and at present is posted as Depot Maintenance Superintendent at Khadagpur. If the case is transferred to Sundergarh, he will have no difficulty to appear before the said Court.

10. She further submits, at the time of filing of C.P. No.144 of 2023, the Opposite Party-Husband was an employee of Railway and stationed at Sambalpur. Hence, he being the permanent resident of Jharsuguda, the C.P. was initiated at Jharsuguda.

11. However, as per the information received, now he has been posted as Depot Maintenance Superintendent in South Eastern Railway at Khadagpur. Rather it will be convenient for him to appear before the Court at Sundergarh, if the proceeding is transferred from the Court of learned Judge, Family Court, Jharsuguda to the Court of learned Judge, Family Court, Sundergarh.

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

13. At this juncture, it would be apt to deal with the Judgment of the Su