TRP(C) No.327 of 2023 Page 1 of 7 IN THE HIGH COURT OF ORISSA, CUTTACK TRP(C) No.327 of 2023 Gayatri Jani ....... Petitioner -Versus- Tankadhar Disari ....... Opposite Party For Petitioner : Mr. D. R. Bhokta, Advocate For Opposite Party : Mr. S. K. Rout, Advocate ---------------------------- CORAM: JUSTICE SANJAY KUMAR MISHRA -------------------------------------------------------------------------- Date of Hearing & Judgment: 05.02.2026 -------------------------------------------------------------------------- S.K. MISHRA, J. 1. This transfer petition has been preferred by the Petitioner-wife, who is the Opposite Party in MAT Case No.86 of 2023, which is now pending in the Court of learned Civil Judge (Sr. Division), Koraput. A prayer has been made to transfer the proceeding in MAT Case No.86 of 2023 from the Court of learned Civil Judge (Senior Division), Koraput to the Court of learned Judge, Family Court, Nabarangpur on the ground detailed in the transfer petition. TRP(C) No.327 of 2023 Page 2 of 7 2. Though the Opposite Party-husband, on being noticed, has appeared in the case no written objection has been filed till date opposing to such prayer for transfer of the proceeding in MAT Case No.86 of 2023, as prayed for. However, on consent of the 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 to have his oral objection to the prayer for transfer. 3. Heard learned Counsel for the parties. 4. Learned Counsel for the Petitioner, reiterating the grounds urged in the transfer petition, submits that the Petitioner, after her desertion, is staying with her old and ailing parents at Nabarangpur. The distance from Nabarangpur to Koraput is around 70 KMs. It would be difficult on her part to attend the day-to-day proceedings in MAT Case No.86 of 2023 at Koraput. She further submits, for her livelihood, the Petitioner is serving as a teacher in a private school at Nabarangpur. 4.1. That apart she has a life threat, if she is being asked to appear before the learned Civil Judge (Sr. Divion), TRP(C) No.327 of 2023 Page 3 of 7 Koraput in MAT Case No.86 of 2023, as there is a constant life threat from the Opposite Party, who is serving as a Sub- Inspector of Police. She further submits, so far as transfer of matrimonial proceedings is concerned, as per the settled position of law, the paramount consideration would be convenience of the wife. 4.2. To substantiate the prayer made in the transfer petition, learned Counsel for the Petitioner relies on the judgment of Supreme Court reported in 2022 SCC onLine SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha). 5. Per contra, learned Counsel for the Opposite Party submits, the Petitioner is serving as a teacher, and she is financially affluent to contest the case at Koraput. That apart, his client is serving as a Sub-Inspector of Police and at present posted at Gopalpur in the District of Ganjam. Hence, it would be difficult on his part to attend the day-to- day proceedings at Nabarangpur by taking leave, if the prayer made in the transfer petition is allowed. Learned Counsel for the Opposite Party submits, instead of ordering TRP(C) No.327 of 2023 Page 4 of 7 for transfer, the proceeding in MAT Case No.86 of 2023 be targeted. 6. Law is well settled that while dealing with the transfer petition of matrimonial proceedings, the convenience of the wife is the paramount consideration. 7. In N.C.V. Aishwarya (supra), relied upon by the learned Counsel for the Petitioner-wife, 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 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 socioeconomic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer. (Emphasis supplied) 8. After hearing the learned Counsel for the parties and taking into consideration the grounds urged in the transfer petition so also the settled position of law, as TRP(C) No.327 of 2023 Page 5 of 7 detailed above, this Court is inclined to allow the prayer made therein. 9. Accordingly, the learned Civil Judge (Senior Division), Koraput is directed to transmit the case record in MAT Case No.86 of 2023 to the Court of learned Judge, Family Court, Nabarangpur at the earliest, preferably within a period of one week from the date of production of certified copy of this order. 10. On receiving the case record in MAT Case No.86 of 2023 from the Court of learned Civil Judge(Senior Division), Koraput, the learned Judge, Family Court, Nabarangpur 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 MAT Case No.86 of 2023. 11. Since the Opposite Party-husband is serving as SI of Police and at present posted at Gopalpur in the district of Ganjam and the Petitioner is also serving in a private school as a teacher in Nabarangpur, it is made clear that both the TRP(C) No.327 of 2023 Page 6 of 7 parties will be at liberty to appear before the Court of learned Judge, Family Court, Nabarangpur 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, Nabarangpur 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, Nabarangpur. 12. To avoid delay and notice, both the parties, either in person or through their Counsel, shall make a query with the Court of learned Judge, Family Court, Nabarangpur to ascertain the date and purpose of posting of MAT Case No.86 of 2023 and participate in the said proceeding. TRP(C) No.327 of 2023 Page 7 of 7 13. Since the MAT Case is of the year of 2023, both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Nabarangpur for early disposal of MAT Case No.86 of 2023 as observed above. 14. With the said observation and direction, the transfer petition stands disposed of. 15. Office is directed to communicate a copy of this Judgment to the Court of learned Civil Judge (Sr. Division), Koraput so also the Court of learned Judge, Family Court, Nabarangpur enabling the said Courts to act in terms of the observation made above. 16. Urgent certified copy of this Judgement be granted on proper application as per rules. ….………..…………… S.K. Mishra, J. Orissa High Court, Cuttack. Dated, 5th February, 2026/ Mona