TRP(C)/166/2026 of PRITISHREE PRIYADARSINI Vs HARICHANDAN TRIPATHY on 19 June 2026

TRP(C) No. 166 of 2026 Page 1 of 10

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.166 of 2026

An application n under Section 24 of the Code of Civil Procedure.

Pritishree Priyadarsini

…. Petitioner -versus-

Harichandan Tripathy …. Opposite Party

Advocates who appeared in this case through Hybrid Mode :

For Petitioner

: Mr. Manmaya Kumar Dash,

Advocate

For Opposite Party : None

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO

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Date of Hearing and Judgment: 19.06.2026

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Savitri Ratho, J. This application under Section 24 of the Code of Civil Procedure has been filed by the Petitioner for transfer of Civil Proceeding No. 57 of 2026 from the Court of the learned Judge, Family Court, Jagatsinghpur, to the Court of learned Judge, Family Court, Nayagarh.

2. The Civil Proceeding (in short “C.P.”) has been filed under Section -13 (1) (i-a) (ib) of the Hindu Marriage Act, by the Opposite

Party, who is the husband of the Petitioner, for dissolution of their marriage on the ground of desertion and cruelty.

3. The copy of the application in C.P. No. 57 of 2026 along with the notice has been annexed as Annexure-1 and copy of the judgment dated 26.07.2025 passed by the learned Judge Family Court, Nayagarh in Crl.M.P. No. 248 of 2023 filed by the Petitioner under Section 125 Cr.P.C. has been annexed as Annexure-2

4. Heard Mr. Manmaya Kumar Dash, learned counsel for the Petitioner.

5. I do not consider it necessary to issue notice and hear the Opposite Party before disposing of this TRP(C) as then I would have had to stay the proceedings in C.P. No. 57 of 2026, which was posted for appearance of the petitioner today and that would not be in the interest of the Opposite Party. Therefore, it is open to the Opposite Party to apply for modification or recall of this judgment, in case he is in any way prejudiced by this judgment. ADMITTED FACTS

6. Perusal of the TRP(C) as well as the Annexures reveals that both parties have made several allegations against each other regarding their matrimonial life. But I do not consider it necessary to go into these allegations, for considering the prayer for transfer.

7. The marriage of the Petitioner and Opposite Party was solemnised on 16.2.2020 as per Hindu rituals and customs. The Opposite Party serves in the Indian Army and stays at his place of posting and comes home whenever he gets leave. Due to some dispute between the parties, the Petitioner has left the matrimonial house since 2022 and is staying with her parents in Nayagarh. On her complaint, Balikuda P.S Case No. 516 of 2022 was registered against the Opposite Party and his family members on 24.11.2022. The Petitioner and his family members have also submitted complaint against the Petitioner and her family members before the S.P. Nayagarh and in the Balikuda Police Station. The Petitioner had filed Crl.M.P. No. 248 of 2023 against the Opposite Party under Section 125 Cr.P.C., which has been disposed of by the learned Judge, Family Court Nayagarh on 26.07.2025 directing the Opposite Party to pay Rs.15,000/- per month to the Petitioner towards maintenance with effect from 01.11.2023, i.e., the date of filing the application; and to pay the current maintenance as well arrear maintenance in ten instalments on or before the 10th of each month.

SUBMISSIONS

8. Mr. Manmaya Kumar Dash, learned counsel for the Petitioner submits that the Petitioner has no independent income and will face financial and physical hardship if she has to contest the case at Jagatsinghpur as the distance between Nayagarh and Jagatsinghpur is approximately 170 kilometres. On each date, the Petitioner will have to undertake travel of approximately 6 hours and in the process incur considerable expense, physical strain and hardship. He further submits that there is an imminent threat to the life of the Petitioner if she goes to Nayagarh as the Opposite Party had earlier assaulted her and her father for which several complaints were lodged against him before the concerned Police Station. He ultimately submits that if the case is transferred to Nayagarh, the Opposite Party will not be prejudiced or face serious inconvenience as he is working in the Army and posted outside Jagatsinghpur and he has already contested Crl.M.P. No. 248 of 2023 filed by the Petitioner under Section 125 Cr.P.C. at Nayagarh in respect of which execution proceedings in Crl.P. No.208 of 2025, are pending in the Court of the learned Judge, Family Court, Nayagarh. STATUTORY PROVISIONS

9. To decide this case, the following provision of Code of Civil Procedure are essential, which are extracted below:- “24. General power of transfer and withdrawal.—(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.

(3) For the purposes of this section,—

(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) “proceeding” includes a proceeding for the execution of a decree or order.

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.

(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.” JUDICIAL PRONOUNCEMENTS

10. The Supreme Court in the case of N.C.V. Aishwarya vs A.S. Saravana Karthik Sha: 2022 SCC OnLine SC 1199 has 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 Courts 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 socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer.”

11. This Court in the case of Anuva Choudhury vs Biswajit Mishra : 2022 SCC online Ori 3125 : 2022 (II) ILR CUT 194 : has held as follows:- "9. While deciding an application for transfer of a matrimonial case, it has been the usual practice to consider the inconvenience which is likely to be faced by the wife while turning a deaf ear and blind eye to the difficulties faced by the husband, on account of the accepted position of law that convenience of the wife is of paramount consideration in matrimonial cases. This is because women were considered to belong to the weaker sex and dependent on a male for their survival and security, be it the father, brother, husband or son. But now, after 75 years of independence, the situation has changed and the emancipation of women is clearly visible. Women are being given equal opportunity and representation in all spheres. They have become self dependent and many are no longer dependent on their husband/parents/brothers or sons for their survival and security. They have become the sole breadwinners in some families. They are able to bring up a child on their own. Some are part of the law making and law enforcing agencies. They are able to travel alone in connection with their work and recreation. Unfortunately, there are still many exceptions, as many women are still dependent on their family members for their survival on account of lack of education, lack of support and as some men still have not learnt to respect women for which women are still victims of eve teasing and sexual harassment in educational institutions, public transport and even in their work place. Travelling alone for long distances by road or train for a woman is often fraught with risk. Likewise, due to a variety of reasons, the role and responsibilities of men have undergone a sea change. Many men have to single handedly take care of aged and ailing parents and young children, for which there are sometimes constraints on their time and movement. Their job requirements may also be a stumbling block. So in the present situation, an application for transfer of a matrimonial case has to be considered on its own facts without mechanically or blindly allowing the application of the wife. For the same reasons, the earlier decisions have also to be viewed in the same light. A balance has to be struck, so that each party is able to fight/defend his/her case in the trial court. Many Courts have been provided with video conferencing facilities, which can also be utilised by all the parties for their convenience."

ANALYSIS AND CONCLUSION

12. Considering the submission of the learned counsel for the petitioner and the decisions referred to above, In view of the above discussion , I am satisfied that this is a fit case for directing transfer of C.P. No. 57 of 2026 from the court of the Family Court, Jagatsinghpur to the Court of the learned Judge Family Court, Nayagarh, for the following reasons: - i) Considering the distance between Nayagarh and Jagatsinghpur, the Petitioner will face inconvenience if she has to travel to Jagatasinghpur to contest the case.

ii) The Opposite Party had contested Crl.M.P. No.248 of 2023 and now Crl.P.No. 208 of 2025 is pending in Nayagarh,

so he should not face much inconvenience if the case is transferred to Nayagarh.

iii) The Petitioner who does not have any independent source of income, she will have to incur considerable expense if she has to travel to Jagatsinghpur on each date.

iv) The minimal inconvenience which may be caused to the Opposite Party if the case is transferred to Nayagrah, can be addressed by not insisting on his personal appearance on each date and permitting him to appear through video conferencing mode.

13. The learned Judge Family Court, Jagatsinghpur is directed to the complete file / record of C.P. No. 57 of 2026 to the Court of the learned Judge Family Court, Nayagarh within a period of two weeks from receipt of this judgment. The case shall be taken up on 13.07.2026 before the learned Judge Family Court, Nayagarh and the Petitioner shall appear in the case on the said date either personally or through her counsel.

14. As the case is transferred without notice to the Opposite Party, the learned Judge, Family Court Nayagarh, shall issue notice to the Opposite Party for his appearance

15. While transferring the case keeping in mind the convenience of the Petitioner (wife), the convenience of the Opposite Party (husband) has also to be kept in mind. The Opposite Party is admittedly serving in the Indian Army and is posted outside the State.

16. It is therefore directed that the learned Judge, Family Court shall not insist on the personal appearance of the Opposite Party on any date unless it is absolutely necessary. In case prayer is made on his behalf for his appearance in the case through virtual mode on any date, the same shall be allowed unless there is any legal or practical impediment for not allowing such prayer.

17. The parties shall co-operate for expeditious disposal of the proceeding.

18. Urgent certified copy of this judgment be granted on proper application.

19. Copy of this judgment be communicated to the learned Judges of the Family Courts at Nayagarh and Jagatsinghpur by the Registry forthwith for compliance.

………………….

(Savitri Ratho)

Vacation Judge

Orissa High Court, Cuttack Dated, the 19th June, 2026/Puspa Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 21-Jun-2026 15:28:40 Signature Not Verified