Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.279 of 2025 An application under section 24 of the Code of Civil Procedure. --------------- Ranjita Sahoo … … Petitioner
-Versus-
Ashis Kumar Das … … Opp. Party
Advocates appeared in the case:
For Petitioner : Mr. Sanjeeb Chakravarty, Advocate
For Opp. Party : Mr. Ramdas Achary, Advocate
------------------
CORAM:
THE HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
J U D G M E N T ------------------------------------------------------------------------------ Decided on 11th March, 2026 ------------------------------------------------------------------------------
MRUGANKA SEKHAR SAHOO, J.
1. The petitioner-wife in the petition filed U/S-24 of the CPC, is before this Court seeking transfer of the C.P. No.76 of 2024 pending before the learned Judge, Family Court, Puri to the Court of learned Judge, Family Court-II, Bhubaneswar. p. 2
2. The said C.P. has been filed by the husband in the marriage under section 13(1) (i-a)(i-b) (iii) of the Hindu Marriage Act, 1955 seeking dissolution of the marriage solemnized between the parties on 25.06.2010 at Village- Baradiha Patna in the District of Khordha.
The matrimonial home of the parties to the litigation is at Narasinghpurhat in the District of Puri.
3. Pursuant to the notices issued by this Court by order dated 16.09.2025, the Opp. Party-husband has entered appearance.
4. Heard learned counsel for the parties at length.
5. To support the prayer for transfer, learned counsel for the petitioner Mr. Chhakrabati submits that the petitioner- wife, after her marriage has run into rough weather, is now staying with her parent’s house at Balipatna which is nearer to Bhubaneswar.
The petition under section 125 of the Cr.P.C. i.e. CRP No.147 of 2024 filed by the wife in the marriage seeking monthly maintenance is pending before the learned Judge, Family Court-II, Bhubaneswar
It is submitted that in the interest of justice and fairplay, both the matters should be taken up together by the learned Judge, Family Court-II, Bhubaneswar.
Learned counsel for the petitioner also highlights the fact that the distance of the courts at Puri and Bhubaneswar is not that much and the present place of p. 3 residence of Opp. Party is at Niali which is at a similar distance if compared to the distance of the Court at Puri.
6.
Learned counsel for the Opp. Party opposes the prayer for transfer of the petition and submits that section 19 of the Hindu Marriage read with section 9 of CPC would indicate that the place of prosecution of the C.P. should be at Puri, the learned Judge, Family Court, Puri having the territorial jurisdiction.
7. Having heard learned counsel for the parties as well as considering the materials on record, it is directed that in the interest of justice and equity, the C.P. No.76 of 2024 presently before the learned Judge, Family Court, Puri shall be transferred to the court of learned Judge, Family Court- II, Bhubaneswar.
8. The said C.P. shall also be taken up along with CRP No.147 of 2024 filed by the wife now pending before the learned Judge, Family Court-II, Bhubaneswar.
9. It is further directed that the parties to the proceeding shall sincerely proceed with the matter and cooperate with the learned trial Court for expeditious disposal as by transferring of proceeding which is pending since 2024 now becomes a proceeding of the year 2026 before the learned Judge, Family Court-II, Bhubaneswar.
10. The petition is allowed with the aforesaid observation.
11. This court puts its appreciation on record for the
learned counsel for both the parties for expediting the disposal of present petition taking note of the fact that the p. 4 cause of action is of the year 2024 and the progress of trial has been stalled due to pendency of the application.
12. The copy of the judgment shall be forwarded to the learned Judge, Family Court, Puri to be kept on the records of C.P. No.76 of 2024.
13. The records of C.P. No.76 of 2024 shall be accordingly sent from Puri to the Court of the learned Judge, Family Court-II, Bhubaneswar.
14. Both the parties shall appear before the learned Judge, Family Court-II, Bhubaneswar on 30.03.2026.
On the said date, the learned trial Court shall do well to fix a date further proceeding with the matter.
(Mruganka Sekhar Sahoo) Judge
Orissa High Court, Cuttack The 11th March, 2026/Rajesh