IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.268 of 2023

Ranu Behera		Petitioner
-------------	--	------------

-Versus-

Arjuna Muduli ....... Opposite Party

Advocate for the parties

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

For Petitioner	:<br>Advocate	Mr. R.N. Prusty

For Opposite Party : None

CORAM: JUSTICE SANJAY KUMAR MISHRA

Date of Hearing and Judgment : 23.07.2025

_____________________________________________________________

S.K. MISHRA, J.

1. Though on 10.07.2025, learned Counsel for the Opposite Party was found absent, today Mr. Mishra, learned Counsel for the Opposite Party is present and submits, the brief has been taken back from him some time during December, 2023. He files a memo for withdrawal of his power so also his Associates, which is taken on record.

2. Office is directed to do the needful, as prayed by Mr. Mishra.

3. This Court is of the view that, though the Opposite Party has taken back the brief, it is obligatory on his part either to appear in person or to engage a learned Counsel to defend him in this case. However, till date no step has been taken to do so.

4. That apart, learned Counsel for the Petitioner submits, Cr.P No.148 of 2023, initiated under section125 Cr.P.C. for maintenance by the Petitioner-wife, is pending before the Judge, Family Court, Cuttack. The present Opposite Party-Husband, being Opposite Party in the said case, is contesting the case before the said Court by remaining present on each and every date. Learned Counsel for the Petitioner further submits, Cr.P. No.148 of 2023 now stands posted to 21.08.2025 for evidence. Accordingly, he prays for hearing and disposal of the transfer petition in absence of the Opposite Party-Husband.

5. Heard learned Counsel for the Petitioner.

6. This transfer petition has been filed by the Petitioner-Wife, for transfer of proceeding in C.P. No.208 of 2023, preferred by the Opposite Party-Husband, from the Court of Judge, Family Court, Kendrapara to the Court of Judge, Family Court, Cuttack on the grounds detailed therein.

7. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, after her desertion, the Petitioner is staying with her parents, who are daily labourers. She being an unemployed lady, is having no source of income to bear the cost of travelling and other expenses to appear before the Judge, Family Court, Kendrapara on the date of posting of the said case for hearing. That apart, there is a life threat to her, if she appears before the said Court at Kendrapara.

8. Learned Counsel for the Petitioner further submits, at the instance of the Petitioner, the Cr.P. No.148 of 2023 is now pending in the Court of Judge, Family Court, Cuttack, in which the Opposite Party-Husband is appearing and contesting the said case on merit. If the present

proceeding is transferred to the Court of Judge, Family Court, Cuttack, both the said cases can be tried together, which will be beneficial for both the parties.

9. Accordingly, he prays for transfer of the proceeding to the Court of Judge, Family Court, Cuttack from the Judge, Family Court, Kendrapara and prays for analogous hearing of both C.P. No.208 of 2023 and Cr.P. No.148 of 2023.

10. Law is well settled that in matrimonial proceeding convenience of the wife must be looked at. In the case of (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 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 socio-economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."

(Emphasis supplied)

11. In view of the reasons detailed in the transfer petition so also submission made by the learned Counsel for the Petitioner and the settled position of law, the prayer made in the transfer petition is allowed. The Judge, Family Court, Kendrapara is directed to transmit the case record in C.P. No.208 of 2023 to the Court of Judge, Family Court, Cuttack at the earliest, preferably within a period of one week from the date of production of certified copy of this order.

12. On receiving the case record in C.P. No.208 of 2023 from the Court of Judge, Family Court, Kendrapara, the Judge, Family Court, Cuttack shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties.

13. The Judge, Family Court, Cuttack is requested to explore the facilities of Video 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 Judge, Family Court, Cuttack.

14. To avoid delay, the parties are directed not to ask for unnecessary adjournments and cooperate with the Judge, Family Court, Cuttack, who shall do well to conclude the said proceeding at the earliest.

15. Judge Family Court Cuttack is requested to proceed further in C.P. No.208 of 2023 along with Cr.P. No.148 of 2023 and try to conclude the said proceedings in both the cases at the earliest preferably within a period of

six months from the date of receipt of the record in C.P. No.208 of 2023 from Judge, Family Court, Kendrapara.

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

17. Office is directed to communicate a copy of this order to the Court of Judge, Family Court, Kendrapara so also the Judge, Family Court, Cuttack for compliance.

18. Urgent certified copy of this order be granted on proper application as per rules.

…….…………………… S.K. MISHRA, J.

Orissa High Court, Cuttack. Dated, 23rd July, 2025/ Banita