IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.309 of 2025

Mitanjali Nayak ....... Petitioner

-Versus-

Mukesh Kumar Nayak ....... Opposite Party

For Petitioner : Ms. A. Mohanty, Advocate For Opposite Party : Mr. P.C. Mishra, Advocate

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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Date of Hearing & Judgment: 09.01.2026

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S.K. MISHRA, J.

1. The present transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.183 of 2025, pending in the Court of learned Judge, Family Court, Cuttack, to the Court of learned Judge, Family Court-II,

Bhubaneswar on the grounds detailed in the transfer petition.

2. Being noticed, though the Opposite Party-Husband has appeared in the present case, but till date no written

objection has been filed opposing to the prayer for transfer.

3. However, on being asked, learned Counsel for the Opposite Party submits, instead of filing written objection to

the transfer petition, he would like to have his oral objection to oppose the prayer made in the transfer petition.

4. Hence, on consent of the learned Counsel for the Parties, the transfer petition is taken up for hearing and disposal at the stage of admission.

5. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner was subjected to cruelty and was driven out of her matrimonial home in February, 2024. Thereafter she has been residing separately at Ghatikia, Bhubaneswar and at present working as a staff nurse at IGKC Hospital, Bhubaneswar with meager income for her sustenance, which is barely sufficient to maintain herself. The Petitioner has no financial or emotional support from her parents, who are themselves old and infirm.

6. That apart she has also filed D.V. Misc. Case No.521 of 2025, which is now pending before the learned JMFC-V, (Cog) Bhubaneswar. On being noticed, the Opposite Party-Husband has appeared and is contesting the said case at Bhubaneswar. She has also lodged an FIR against the Opposite Party and his family members at Bharatpur Police Station, Bhubaneswar on 15.02.2025, which was registered as Bharatpur P.S. Case No.77 of 2025 for alleged offences under section 126(2), 85, 296, 115(2), 351(2), 324(4), 3(5) of BNS, which is pending before the learned JMFC-V, Bhubaneswar under C.T. Case No.219 of 2025.

7. She further submits, being arrested, the Opposite Party-Husband is on bail and there is a life threat to her, if she attends the day to day proceeding at Cuttack.

8. Ms. Mohanty, learned Counsel for the Petitioner further submits, though the Petitioner, with much difficulty, is appearing before the Counselor of the learned Judge, Family Court, Cuttack for counseling, she being accompanied by her Associate for her safety point of view, but the Opposite Party Husband is neither appearing nor cooperating with the Counselor and she is being intentionally harassed by the Opposite Party-Husband.

9. Per contra, learned Counsel for the Opposite Party submits, the allegations made in the transfer petition are false and baseless. That apart, the distance from Bhubaneswar to Cuttack would be hardly 25 to 30 K.Ms. and she may not face any difficulty to attend the day to day proceeding before the learned Judge, Family Court, Cuttack.

10. That apart, if she feels unsafe to appear before the learned Judge, Family Court, Cuttack, she may move application before the learned Judge, Family Court, Cuttack to permit her to appear through virtual mode.

11. As per the settled position of law, so far as transfer of matrimonial disputes, the convenience of the wife is the paramount consideration.

12. 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 was held as follows:-

“8. It is not disputed th