BANAJA ROUT vs RASHMI RANJAN NAYAK

IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.121 of 2026
CNR No.ODHC010262522026


Banaja Rout ….... Petitioner

-Versus-
Rashmi Ranjan Nayak ....... Opposite Party


Advocate for the parties

For Petitioner : Mr. Akansh Acharya,
Advocate

For Opposite Party : Mr. Abhijit Das,
Advocate


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

CORAM: JUSTICE SANJAY KUMAR MISHRA

Date of Hearing & Judgment: 29.10.2026
_____________________________________________________________
S.K. MISHRA, J.
1. This transfer petition has been filed by the Petitioner-
wife under Section 24 of the Code of Civil Procedure, 1908 for
transfer of proceeding in C.P. No.130 of 2026 filed under Section 9
of the Hindu Marriage Act, 1955 for restitution of conjugal rights
by the Opposite Party-husband, pending in the Court of learned
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Judge, Family Court, Cuttack, to the Court of learned Judge,
Family Court, Kendrapada on the grounds detailed therein.
2. It would be apt to mention here that, before taking up
the matter for hearing, on the request of learned counsel for the
parties, the parties were sent for mediation, which was failed.
3. Hence, though no written objection has been filed
opposing to the prayer for transfer, on consent of 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.
4. Heard learned Counsel for the parties.
5. Reiterating the grounds urged in the transfer petition,
learned Counsel for the Petitioner-wife submits, the Petitioner is a
deserted lady. After her desertion, she is staying with her parents
at Kendrapada. She is having a minor girl child, who is around 2
years old. She has no source of income to maintain herself as well
as her minor girl child and is totally dependent on her parents.
She has filed CRP No.190 of 2025 under Section 144 BNSS, 2023.
before the learned Judge, Family Court, Kendrapada seeking
maintenance. After, being noticed in CRP No.190 of 2025,
intentionally to harass the Petitioner-wife to get maintenance, he
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has filed C.P. No.130 of 2026, under Section 9 of the Hindu
Marriage Act, 1955 for restitution of conjugal rights before the
learned Judge, Family Court, Cuttack. Since the Opposite Party-
husband is at present working as a Supervisor at SGB Brand Safe
Way Pvt. Ltd. under TATA Steel, Meramandali, Dhenkanal, he will
no-way be prejudiced, if C.P. No.130 of 2026 is transferred to
Kendrapada. That apart, he is earning a handsome salary of more
than Rs.50,000/- along with other agricultural earnings from his
farmland in Kendrapada. Rather, the Petitioner-wife, being a
destitute lady having a minor girl child of 2 years, it would be
difficult on her part to attend the day-to-day proceeding in C.P.
No.130 of 2026 at Cuttack.
6. Per contra, learned Counsel for the Opposite Party-
husband submits, as the Opposite Party-husband is serving in a
private company at Dhenkanal, it would be difficult on the part of
the Opposite Party-husband to travel and attend the day-to-day
proceeding at Kendrapada by seeking frequent leave. However,
learned Counsel for the Opposite Party-husband further submits,
if this Court intends to allow the prayer made in the transfer
petition, his client be permitted to appear through virtual mode, in
case, on any date he faces any difficulty to appear physically
before the learned Judge, Family Court, Kendrapada.
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7. Law is well settled that, while dealing with transfer
petitions in matrimonial cases, convenience of the wife must be
looked at. In 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)

8. After going through the pleadings made in the transfer
petition so also taking note of the contentions made by learned
Counsel for the parties and the settled position of law, this Court
is inclined to allow the prayer made in the transfer petition.
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9. Accordingly, the learned Judge, Family Court, Cuttack
is directed to transmit the case record in C.P No.130 of 2026 to the
Court of learned Judge, Family Court, Kendrapada at the earliest,
preferably within a period of one week from the date of production
of certified copy of this judgment.
10. On receiving the case record in C.P No.130 of 2026
from the Court of learned Judge, Family Court, Cuttack, the Court
of learned Judge, Family Court, Kendrapada shall re-register the
said case, if so required, and proceed further in accordance with
law giving due opportunity to both the parties
11. For convenience of the parties, the Court of learned
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 “High Court of Orissa and District
Courts Use of Electronic Communication and Audio-Video
Electronic Means Rules, 2025”, if so prayed by any of the parties.
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 below and if it is so
ordered, the parties shall remain physically present before the
Court of learned Judge, Family Court, Kendrapada.
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12. To avoid delay and notice, the parties are directed to
make a query themselves or through their counsel regarding the
date and purpose of posting of C.P No.130 of 2026 and attend the
Court of learned Judge, Family Court, Kendrapada.
13. Both the parties are further directed not to seek for
unnecessary adjournments and cooperate with the Court of
learned Judge, Family Court, Kendrapada, who shall do well to
conclude the proceeding in C.P No.130 of 2026 at the earliest.
14. With the said observation and direction, the transfer
petition stands allowed and disposed of.
15. Office is directed to communicate a copy of this
Judgment to the Court of learned Judge, Family Court,
Kendrapada for compliance.
16. Interim order dated 30.04.2026 passed in I.A. No.119
of 2026 stands vacated and the said I.A. stands disposed of
accordingly.
17. Urgent certified copy of this judgment be granted on
proper application as per rules.

…….……………………
S.K. MISHRA, J.




Orissa High Court, Cuttack.
th
Dated, 29 October, 2026/ Kanhu
Signature Not Verified
Digitally Signed
Signed by: KANHU BEHERA
Designation: JUNIOR STENOGRAPHER
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 30-Oct-2026 16:33:24
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