TRP(C)/140/2026 of SONALI DAS Vs RAHUL MOHANTY on 11 September 2026

1. Learned Counsel for the Petitioner is present.

2. Office note indicates that though notice was issued to the sole Opposite Party by Speed Post with A.D. neither A.D. nor undelivered notice, as against the sole Opposite Party, has returned. However, the postal tracking report on record, as at Flag-B, indicates that service of notice upon the Opposite Party was completed on 12.08.2026. Still the sole Opposite Party goes unrepresented, when the matter is called.

3. At this stage, learned Counsel for the Petitioner submits, though vide order dated 27.07.2026 further proceeding in C.P. No.43 of 2026, pending before the learned Judge, Family Court, Dhenkanal was stayed by this Court and the present Opposite Party, being the Petitioner in C.P. No.43 of 2026, is well aware about the pendency of the present transfer petition, intentionally is not appearing in this case. Accordingly, he prays to take up this matter for hearing and disposal in absence of the Opposite Party.

4. Accordingly, the matter is taken up for hearing and disposal.

5. Heard learned Counsel for the Petitioner.

6. The present transfer petition has been preferred by the Petitioner-wife for transfer of proceeding in C.P. No.43 of 2026, pending in the Court of learned Judge, Family Court, Dhenkanal, to the Court of learned Judge, Family Court, Angul on the grounds detailed in the transfer petition.

7. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, after her desertion, the Petitioner is staying with her parents at Anugola. The distance from Anugola to Dhenkanal would be around 60 K.Ms. Having no other means for her livelihood, she is dependent on her parents. That apart, it would be difficult on her part to bear the traveling and litigation expenses to attend the day-to- day proceeding at Dhenkanal.

8. He further submits, the Opposite Party-husband is at present employed in HDFC Bank, at Phool Bagan Branch, Kolkata, in the State of West Bengal and drawing a monthly salary of around 60,000/- (Rupees Sixty Thousand only). Being financially affluent, he will have no difficulty to attend the day- to-day proceeding at Anugola, if the prayer made by the Petitioner is allowed.

8.1. That apart, learned Counsel for the Petitioner-wife further submits, since the Opposite Party-husband is at present posted at Phool Bagan Branch, Kolkata, in the State of West Bengal, he can also make a prayer before the learned Judge,

Family Court, Angul to permit him to appear through virtual mode.

9. Law is well settled that while considering application for transfer of matrimonial proceedings, convenience of 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 follow:

“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 behavioral 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)

10. In a recent Judgment of this Court, reported in 2025 Live Law (Ori) 91 (Chittaranjan Padhiary & ors. Vs. Jasmin

Das), this Court permitted the parties to appear through virtual mode with the following observations: “However, in view of the reasons detailed in the forgoing paragraphs, this Court is of the view that interest of justice will be best served, if the parties, who are either stationed or serving at different places, are permitted to appear through virtual mode before the concerned Courts.” (Emphasis supplied)

11. Taking note of the submissions made by the learned Counsel for the Petitioner so also the settled position of law, this Court is inclined to allow the prayer made in the transfer petition for transfer of proceeding in CP No.43 of 2026, pending in the Court of learned Judge, Family Court, Dhenkanal, to the Court of learned Judge, Family Court, Angul.

12. Accordingly, the learned Judge, Family Court, Dhenkanal is directed to transmit the case record in CP No.43 of 2026 to the Court of learned Judge, Family Court, Angul at the earliest, preferably within a period of seven days from the date of production of certified copy of this Judgment.

13. On receiving the case record in C.P. No.43 of 2026 from the learned Judge, Family Court, Dhenkanal, the Court of learned Judge, Family Court, Angul shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest

14. Since the Opposite Party-husband is at present posted outside the State of Odisha, if he so desires, he may move application before the learned Judge, Family Court, Angul to permit him to appear through virtual mode. If such an application is moved, the learned Judge, Family Court, Angul shall allow such application, at it would be convenient for the parties as well as to the learned Court below to expedite hearing and disposal of the said matrimonial proceeding at the earliest.

15. It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Angul through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court. If a prayer is made to the said effect by any of the parties, the Court of learned Judge, Family Court, Angul shall do well to explore the facility of video conferencing available in the said Court and allow the parties to appear through video conferencing mode, following the guidelines 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 so also their witnesses, if any, shall remain physically present before the Court of learned Judge, Family Court, Angul.

16. To avoid delay and notice, both the parties are directed to make a query themselves or through their Counsel from the Court of learned Judge, Family Court, Angul to ascertain the date and purpose of posting of C.P. No.43 of 2026 and participate in the said proceeding.

17. Both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Angul for early disposal of C.P. No.43 of 2026, as directed above.

18. With the said observation and direction, the transfer petition stands allowed and disposed of.

19. Office is directed to communicate a copy of this Judgment to the Court of learned Judge, Family Court,

Dhenkanal, so also the Court of learned Judge, Family Court, Angul enabling the said Courts to act in terms of the observations made above.

20. Interim order dated 27.07.2026 passed in I.A. No.156 of 2026 stands vacated.

21. Urgent certified copy of this Judgment be granted on proper application as per rules.

….………..……………

S.K. Mishra, J.

Orissa High Court, Cuttack. Dated, 11th September, 2026/ Anisha

Digitally Signed Signed by: ANISHA NANDA Reason: Authentication Location: OHC, CUTTACK Date: 12-Sep-2026 17:44:08 Signature Not Verified