IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.142 of 2025

(An application under Section 24 & 151 of the

Code of Civil Procedure, 1908)

Nibedita Nayak ….... Petitioner

-Versus-

Kishan Kumar Khadiratna ....... Opposite Party

Advocate for the parties

For Petitioner : Mr. A.R. Swain,

Advocate

For Opposite Party : Mr. B.C. Sahu,

Advocate

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

CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing & Judgment: 25.11.2025

_____________________________________________________________

S.K. MISHRA, J.

1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.17 of 2025 from the Court of learned Judge, Family Court, Deogarh, to the Court of learned Civil Judge, (Senior Division), Anandapur on the

grounds detailed in the Transfer Petition.

2. The Opposite Party-husband has already filed an Objection/Counter opposing to such prayer for transfer.

3. Since pleadings are complete, on consent of learned Counsel for the parties, the matter is taken up for hearing and disposal at the stage of admission.

4. Heard learned counsel for the parties.

5. Learned Counsel for the Petitioner, reiterating the grounds urged in the transfer petition, submits that the Petitioner is a deserted lady. After her desertion, having no income, she is dependent on her old father and staying with him at village Alati, PS: Ramachandrapur in the district of Keonjhar. The distance from Village-Alati to the Court of learned Judge, Family Court, Deogarh would be around 250 K.M. It would be difficult on her part to attend the day to day proceeding at Deogarh by travelling such a long distance. That apart, there is no male member in the family to accompany her to attend the proceeding at Deogarh. Also, there is a life threat, if she is required to appear before the Court at Deogarh in C.P. No.17 of 2025. The Petitioner has also lodged an F.I.R. against the Opposite Party-husband at Ramachandrapur Police station, which has been registered as G.R. Case No.191 of 2025 and the said case is pending before the Court of learned NGN, Ghasipura.

6. Per contra, learned Counsel for the Opposite Party- Husband submits, the allegation of life threat is false and baseless. That apart, if the Petitioner has any difficulty, she can approach the learned Judge, Family Court, Deogarh to permit her to appear through virtual mode. He further submits, the Court at Anandapur would be around 206 K.M. away from the residence of Opposite Party-Husband, who is running a medicine shop at Deogarh. That apart, since his father is a practicing lawyer of Deogarh Bar, he would be getting free legal service if the proceeding is allowed to continue at Deogarh. If the proceeding is transferred to Anandapur, he has to bear the legal expenditure to defend his case at Anandapur. He further submits, there is no Family Court at Anandapur. Rather, there is Family Court at Keonjhar. If the proceeding is transferred to Keonjhar, it would be convenient for both the parties.

7. So far as submission of learned Counsel for the Opposite Party that transfer of proceeding to learned Judge, Family Court, Keonjhar would be convenient for the parties, this Court is of the view that since the Petitioner is a deserted lady having no income and is dependent on her old ailing father and staying with him at village Alati, it would cause immense hardship to her, if the proceeding is transferred to Keonjhar, as suggested by the learned Counsel for the Opposite-Party-husband.

8. 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.

9. 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:-

“ 9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should