Putki Bisoi @ Putuki Bis vs Deepak Kumar Chetty

S.K. Mishra, J

This transfer petition has been preferred by the Petitioner-wife for transfer of proceeding in C.P. No.64 of 2022, pending in the Court of learned Judge, Family Court, Jeypore, to the Court of learned Judge, Family Court, Malkangiri on the grounds detailed in the transfer petition.

Pursuant to order dated 08.06.2023, notice being issued to the sole Opposite Party-husband by Registered Post with A.D., the A.D. has returned with the signature of one "Mahendra Chetty", without mentioning his relationship with the addressee.

However, as is revealed from the cause title of the transfer petition, Mahendra Chetty is the father of the Opposite Party-Husband, namely, Deepak Kumar Chetty. Further, the proceeding in CP No.64 of 2022 has been stayed by this Court vide order dated 08.06.2023, which has been extended from time to time and is still in force.

The present Opposite Party, being the Petitioner in CP No.64 of 2022 before the learned Court below, it can be well presumed that the Opposite Party is well aware about the pendency of the present transfer petition and is intentionally avoiding to appear before this Court.

However, to give further opportunity to the Opposite Party, this Court, vide order dated 06.02.2026 directed the office to communicate a copy of the said order urgently to the learned Judge, Family Court, Jeypore with a further direction that the said Court shall communicate the same to the present Opposite Party, who is the Petitioner in CP No.64 of 2022, or to his Counsel who represents him in the said proceeding and report compliance before the next date of listing.

It was made clear vide the said order that if the Opposite Party goes unrepresented on the adjourned date, the present transfer petition shall be taken up for hearing and final disposal in accordance with law in absence of the Opposite Party.

Pursuant to such order, the learned Judge, Family Court, Jeypore has reported vide Letter No.93/2026 dated 13.02.2026 that copy of the order dated 06.02.2026 was duly served on one Razia Begum, learned Counsel for the Petitioner Deepak Kumar Chetty in CP No.64 of 2022, with an instruction to communicate the same to the Petitioner, Deepak Kumar Chetty. Still, the Opposite Party goes unrepresented when the matter is called.

Hence, in view of the previous order dated 06.02.2026, the matter is taken up for hearing and disposal in absence of the Opposite Party-husband at the stage of admission.

Heard learned Counsel for the Petitioner.

lO. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits that the Petitioner is a pardanashin lady and there is no male member to look after her or to accompany her to attend the day-to-day proceedings before the learned Judge, Family Court, at Jeypore. That apart, after her desertion, she is working as a domestic servant in Malkangiri for her livelihood and it is not practicable on her part to bear the traveling and other expenses to attend the day-to-day proceedings at Jeypore. Though it has not been specifically pleaded, he further submits that the distance from Malkangiri to Jeypore is around 104 kms and it would be difficult on her part to attend the proceedings regularly at Jeypore.

ll. Law is well settled that while considering application for transfer of matrimonial proceedings, convenience of 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 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)

l2. 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.64 of 2022, pending in the Court of learned Judge, Family Court, Jeypore to the Court of learned Judge, Family Court, Malkangiri.

l3. Accordingly, the learned Judge, Family Court, Jeypore is directed to transmit the case record in CP No.64 of 2022 to the Court of learned Judge, Family Court, Malkangiri at the earliest, preferably within a period of seven days from the date of production of certified copy of this Judgment.

l4. On receiving the case record in CP No.64 of 2022 from the learned Judge, Family Court, Jeypore, the Court of learned Judge, Family Court, Malkangiri 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, preferably within a period of six months from the date of receipt of case record in CP No.64 of 2022.

l5. It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Malkangiri 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 learned Judge, Family Court, Malkangiri 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 learned Judge, Family Court, Malkangiri. l6. 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, Malkangiri to ascertain the date and purpose of posting of CP No.64 of 2022 and participate in the said proceeding.

l7. With the said observation and direction, the transfer petition stands allowed and disposed of.

l8. Office is directed to communicate a copy of this Judgment to the Court of learned Judge, Family Court, Jeypore so also the Court of learned Judge, Family Court, Malkangiri enabling the said Courts to act in terms of the observations made above.

l9. Interim order dated 08.06.2023 passed in I.A. No.222 of 2023 stands vacated.

2O. Urgent certified copy of this Judgment be granted on proper application as per rules.