TRP(C)/239/2025 of SWETASMITA SETHI @ SWETA SMITA SETHI Vs CHITTARANJAN SETHI on 10 September 2026

1. This transfer petition has been preferred by the Petitioner-wife, seeking transfer of proceeding in C.P. No.416 of 2021, pending in the Court of learned Judge, Family Court-II, Bhubaneswar, to the Court of learned Judge, Family Court, Nayagarh on the grounds detailed in the transfer petition.

2. Though the Opposite Party-husband has rendered appearance, no written objection has been filed till date opposing to the prayer made in the transfer petition. However, on consent of 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-husband to raise his oral objections to the prayer made in the transfer petition.

3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner, after her desertion, is staying with her old ailing parents at Village-Badagorada, PO- Kesarpur, PS- Sarankul, in the district of Nayagarh. The distance between her parental home and Bhubaneswar is more than 120 K.Ms. There is no one in her family to support or accompany her in attending the day-to-day proceedings before the learned Judge, Family Court-II, Bhubaneswar. That apart, she is a cardiac patient. Having no other means for her livelihood, she was constrained to file an application under Section 125 Cr.P.C. seeking maintenance before the learned Judge, Family Court-II, Bhubaneswar, which was registered as Cr.P. No. 200 of 2021. For transfer of the said proceeding also, she has filed TRPCRL No.61 of 2025, which is on board. After initiation of Cr.P. No.200 of 2021, the Opposite Party-husband filed C.P. No.416 of 2021 under Section 13(1)(ia) of Hindu Marriage Act, 1955, read with Section 7 of the Family Courts Act, 1984 for divorce before the learned Judge, Family Court-II, Bhubaneswar. That apart, the Petitioner-wife apprehends danger to her life, if she attends the day-to-day proceedings at Bhubaneswar in C.P. No.416 of 2021.

4. Learned Counsel for the Petitioner-wife further submits, law is well settled that, while considering an application for transfer of matrimonial proceedings, the convenience of the wife is the paramount consideration. The Petitioner, being a deserted and distressed woman with financial constraints, would face considerable hardship and inconvenience in attending the proceedings before the learned Judge, Family Court-II, Bhubaneswar.

5. Per contra, learned Counsel for the Opposite Party- husband submits, the reasons assigned in the transfer petition are not convincing. It is contended that the Petitioner herself had instituted Cr.P. No.200 of 2021 for maintenance at Bhubaneswar, though she has taken a plea in the present transfer petition that she is residing with her old ailing parents at Village-Badagorada in the district of Nayagarh.

6. Though it is revealed from the cause title of C.P. No.416 of 2021, as at Annexure-1, that the Opposite Party- husband was working as an Operating Engineer in M/s. JK Tyres at Chennai, on being asked, Mr. Pani, learned Counsel for the Opposite Party-husband submits, as per the instruction received, although the Opposite Party-husband is presently serving somewhere, he does not have any correct information regarding his employment and present place of posting, so also whether he is continuing in the same company at Chennai. Since the Opposite Party-husband is presently working in a private company and may be stationed outside the State of Odisha, he may face difficulty to attend the proceeding at Nayagarh.

7. Mr. Pani further submits, if the Petitioner has any inconvenience, she can very well pray before the learned Court below to permit her to appear through virtual mode.

8. 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)

9. 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)

10. Admittedly, though the Petitioner preferred Cr.P. No.200 of 2021 under Section 125 Cr.P.C. for maintenance at Bhubaneswar, but subsequently filed TRPCRL No.61 of 2025 for transfer of the said proceeding from the Court of learned Judge, Family Court-II, Bhubaneswar to the Court of learned Judge, Family Court, Nayagarh on the grounds detailed in the transfer petition. As per the instruction received by the learned Counsel for the Petitioner, Cr.P. No.200 of 2021 was dismissed for non- prosecution on 20.12.2025. Hence, the matter being on today’s board, i.e., TRPCRL No.61 of 2025, was disposed of as infructuous. From the said conduct of the Petitioner, who was the Petitioner in Cr.P. No.200 of 2021, it can be well assumed that, being a deserted and distressed lady, though she preferred Cr.P. No.200 of 2021 seeking maintenance from the Opposite Party-husband, could not appear in the said proceeding because of the reasons of her health condition, financial constraint and the distance from Nayagarh to Bhubaneswar.

11. It is not the stand of the Opposite Party-husband that, during pendency of Cr.P. No.200 of 2021, direction being given by the learned Court below, interim maintenance was paid to the

Petitioner-wife. Rather, the said proceeding was dismissed for non-prosecution on 20.12.2025 and no restoration application has been filed till date, as submitted by the learned Counsel for the Petitioner-wife.

12. In the circumstances, taking into consideration of the pleadings and documents on record, submissions made by learned Counsel for the parties and the settled position of law, the Court is inclined to allow the prayer made in the present transfer petition.

13. Accordingly, the learned Judge, Family Court-II, Bhubaneswar is directed to transmit the case record in C.P. No.416 of 2021 to the Court of learned Judge, Family Court, Nayagarh at the earliest, preferably within a period of seven days from the date of production of certified copy of this Judgment.

14. On receiving the case record in C.P. No.416 of 2021 from the learned Judge, Family Court-II, Bhubaneswar, the Court of learned Judge, Family Court, Nayagarh 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.

15. As the proceeding in C.P. No. 416 of 2021 is pending for more than five years, the learned Judge, Family Court, Nayagarh shall do well to proceed further in said CP and try to conclude the proceeding at the earliest, preferably within six months from the date of receipt of the records from the Court of learned Judge, Family Court-II, Bhubaneswar.

16. As this stage, learned Counsel for the Opposite Party- husband submits, his client be permitted to appear through virtual mode, since this Court has allowed the prayer made by the Petitioner-wife for transfer of proceeding in C.P. No.416 of 2021 to Nayagarh.

17. In view of such submission, since the Opposite Party- husband was then serving in a private Company at Chennai, and there is every possibility of continuance of the same situation as on date, in the interest of justice and in order to ensure speedy disposal of the C.P., the Opposite Party-husband is permitted to appear through virtual mode.

18. It is made clear that both the parties would be at liberty to appear before the Court of learned Judge, Family Court, Nayagarh 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. The Court of learned Judge, Family Court, Nayagarh is requested 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, Nayagarh.

19. 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, Nayagarh to ascertain the date and purpose of posting of C.P. No.416 of 2021 and participate in the said proceeding.

20. Both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Nayagarh for early disposal of C.P. No.416 of 2021, as directed above.

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

22. Office is directed to communicate a copy of this Judgment to the Court of learned Judge, Family Court-II, Bhubaneswar, so also the Court of learned Judge, Family Court, Nayagarh enabling the said Courts to act in terms of the observations made above.

23. Interim order dated 28.10.2025 passed in I.A. No.236 of 2025 stands vacated.

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

….………..……………

S.K. Mishra, J.

Orissa High Court, Cuttack. Dated, 10th September, 2026/ Anisha Digitally Signed Signed by: ANISHA NANDA Reason: Authentication Location: OHC, CUTTACK Date: 12-Sep-2026 17:41:46 Signature Not Verified