Orissa High Court
Swagatika Rout vs Kakal Krishna Rao …. Opposite Party on 6 August, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.24 of 2025
Swagatika Rout .... Petitioner
Mr. Prafulla Kumar Biswal, Advocate
-versus-
Kakal Krishna Rao .... Opposite Party
None
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
06.08.2025
Order No.
06. This matter is taken up through hybrid mode.
2. Vide order dated 01.07.2025 notice on the Opposite
Party was held to be sufficient. On the said date the
Opposite Party was found absent. Today also the Opposite
Party goes unrepresented, when the matter is called.
Accordingly, on being prayed by learned Counsel for the
Petitioner, the transfer petition is taken up for hearing and
final disposal in absence of the Opposite Party.
3. This transfer petition has been filed by the Petitioner-
wife for transfer of proceeding in C.P. No.761 of 2024
preferred by the Opposite Party-husband for restitution of
conjugal rights, now pending in the Court of learned Judge,
Family Court, Cuttack, to the Court of learned Judge,
Family Court, Kendrapara on the grounds detailed in the
Transfer Petition.
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4. Heard learned Counsel for the Petitioner.
5. Reiterating the grounds urged in the transfer petition,
learned Counsel for the Petitioner-wife submits, the
Petitioner is a deserted lady and at present, is staying in
her parental house at Belatal, P.S.- Pattamundai in the
district of Kendrapara having no source of income. She is
totally dependent on her parents. The distance between
Pattamundai to Cuttack would be around 86 K.Ms. She
being a deserted lady, it would be difficult on her part to
travel from Kendrapara to Cuttack to attend the day-to-day
proceeding at Cuttack. Apart from that, C.P. No.94 of 2024
has been filed by the Petitioner under Section 25 of the
Special Marriage Act, 1954 before the Court of learned
Family Judge, Kendrapara for declaration of marriage as
null and void, in which the present Opposite Party entered
appearance through his Advocate and took time to file W.S.
Accordingly, learned Counsel for the Petitioner prays for
transfer of proceeding in C.P. No.761 of 2024 from Cuttack
to Kendrapara.
6. Law is well settled that, while dealing with transfer
petitions in matrimonial cases, convenience of the wife
must be looked at. In N.C.V. Aishwarya Vs. A.S.
Saravana Karthik Sha reported in 2022 SCC OnLine SC
1199, the Supreme Court 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 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 CourtsPage 2 of 4
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 and
subsequent thereto and the circumstances of both
the parties in eking out their livelihood and under
whose protective umbrella they are seeking their
sustenance to life. Given the prevailing socio-
economic paradigm in the Indian society,
generally, it is the wife’s convenience which
must be looked at while considering
transfer.”
(Emphasis supplied)
7. In view of the reasons detailed in the transfer
petition, submission made by learned Counsel for the
Petitioner-wife and the settled position of law, this Court is
inclined to allow the prayer made in the transfer petition.
8. The Court of learned Judge, Family Court, Cuttack is
directed to transmit the case record in C.P. No.761 of 2024
to the Court of learned Judge, Family Court, Kendrapara at
the earliest, preferably within a period of one week from the
date of production of certified copy of this order.
9. On receiving the case record in C.P. No.761 of 2024
from the Court of learned Judge, Family Court, Cuttack,
the learned Judge, Family Court, Kendrapara shall re-
register the said case, if so required, tag the record to C.P.
No.94 of 2024, which has been filed by the Petitioner for
declaration of marriage as null and void, and proceed
further in accordance with law giving due opportunity to
both the parties.
10. The Court of learned Judge, Family Court,
Kendrapara is requested to explore the facilities of Video
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Conferencing available in the said Court and permit the
parties to appear before him through virtual mode following
due procedure, as prescribed under the Orissa High Court
Video Conferencing for Courts Rules, 2020. However, on
the dates of effective hearing i.e. for examination and cross-
examination of witnesses and other purposes, for which
their presence may be required by the Court and if it is so
ordered, the parties shall remain physically present before
the learned Judge, Family Court, Kendrapara.
11. To avoid delay, the parties are directed not to ask for
unnecessary adjournments and cooperate with the learned
Judge, Family Court, Kendrapara, who shall do well to
conclude the said proceeding at the earliest.
12. With the said observation and direction, the transfer
petition stands disposed of.
13. Office is directed to communicate a copy of this order
to the Court of learned Judge, Family Court, Cuttack so
also the learned Judge, Family Court, Kendrapara for
compliance.
14. Urgent certified copy of this order be granted on
proper application as per rules.
(S.K. Mishra)
Kanhu
Judge
Signature Not Verified
Digitally Signed
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Signed by: KANHU BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 07-Aug-2025 20:42:34