SMITARANI JENA vs KALINGA MOHANTY

IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.102 of 2026

CNR No. ODHC010256022026

Smitarani Jena ....... Petitioner

-Versus-
Kalinga Mohanty ....... Opposite Party


For Petitioner : Mr. S.R. Mohapatra, Advocate

For Opposite Party : Ms. Ruparekha Jena, Advocate

----------------------------
CORAM: JUSTICE SANJAY KUMAR MISHRA
-------------------------------------------------------------------------------
Date of Hearing & Judgment: 27.10.2026
-------------------------------------------------------------------------------

S.K. MISHRA, J.
1. The present transfer petition has been preferred by the
Petitioner-wife, under Section 24 of the Code of Civil Procedure,
for transfer of the proceeding in CP No.01 of 2026, pending in the
Court of learned Judge, Family Court, Cuttack, to the Court of
learned Judge, Family Court, Jajpur on the grounds detailed
therein.
2. Though, being noticed, the Opposite Party-husband has
appeared in the present case, but no written objection has been
filed till date opposing to such prayer for transfer, as prayed for.
1 6
TRP(C) No.102 of 2026 Page of

3. However, on being asked, learned Counsel for the
Opposite Party-husband submits, she has no objection to the
prayer for transfer, as at the instance of the present Petitioner,
two proceedings, i.e., Cr.P. No.60 of 2026 and CP No.108 of
2026, are pending before the Court of learned Judge, Family
Court, Jajpur, in which cases her client, upon being noticed, has
appeared and contesting the said cases at Jajpur.
4. Law is also well settled that while considering
application for transfer of matrimonial proceedings, convenience
of wife must be looked at. That apart, when two matrimonial
proceedings between the parties, i.e., under Section 9 of the
Hindu Marriage Act, 1955, for Restitution of Conjugal Rights and
under Section 13(1) of the Hindu Marriage Act, 1955 for divorce,
are pending in the different Courts between the same parties,
which raise common questions of fact and law, and when the
decisions in the cases are interdependent, it is desirable that
they should be tried together. In 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
2 6
TRP(C) No.102 of 2026 Page of

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.”

10. Further, when two or more proceedings
are pending in different Courts between
the same parties which raise common
question of fact and law, and when the
decisions in the cases are interdependent,
it is desirable that they should be tried
together by the same Judge so as to avoid
multiplicity in trial of the same issues
and conflict of decisions.”

(Emphasis supplied)
5. Hence, in view of such concession made by the learned
Counsel for the Opposite Party-husband and the settled position
of law, prayer for transfer of proceeding in CP No.01 of 2026 from
the Court of learned Judge, Family Court, Cuttack to the Court
of learned Judge, Family Court, Jajpur is allowed.
6. Accordingly, the learned Judge, Family Court, Cuttack
is directed to transmit the case record in C.P. No.01 of 2026 to
the Court of learned Judge, Family Court, Jajpur at the earliest,
3 6
TRP(C) No.102 of 2026 Page of

preferably, within a period of seven days from the date of
production of certified copy of this Judgment.
7. On receiving the case record in C.P. No.01 of 2026 from
the Court of learned Judge, Family Court, Cuttack, the Court of
learned Judge, Family Court, Jajpur shall re-register the said
case, if so required, and proceed further in accordance with law
giving due opportunity to both the parties.
8. Since the C.P. No.108 of 2026 preferred by the present
Petitioner-wife under Section-9 of the Hindu Marriage Act, 1955
is pending before the learned Judge, Family Court, Jajpur, as
indicated above, to avoid multiplicity of proceedings so also
conflicting judgements, both CP No.01 of 2026 and CP. No.108 of
2026 be tried together. It is expected that learned Judge, Family
Court, Jajpur shall do well to conclude both the proceedings at
the earliest.
9. It is made clear that both the parties will be at liberty to
appear before the Court of learned Judge, Family Court, Jajpur
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.
4 6
TRP(C) No.102 of 2026 Page of

10. The learned Judge, Family Court, Jajpur 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 “High Court
of Orissa and District Courts Use of Electronic Communication
and Audio-Video Electronic Means Rules, 2025”.
11. 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, Jajpur.
12. To avoid delay and notice, the parties are directed to
make a query themselves or through their Counsel from the
Court of learned Judge, Family Court, Jajpur to ascertain the
date and purpose of posting of CP No.01 of 2026 and participate
in the said proceeding.
13. Both the parties are further directed not to seek for
unnecessary adjournments and cooperate with the learned
Judge, Family Court, Jajpur, for early disposal of both the C.Ps,
as directed above.
5 6
TRP(C) No.102 of 2026 Page of

14. With the said observation and direction, the transfer
petition stands disposed of.
15. Interim order dated 30.04.2026 passed in I.A. No.141 of
2026 stands vacated. The said IA also stands disposed of.
16. Office is directed to communicate a copy of this
Judgment to the Court of learned Judge, Family Court, Cuttack
so also the learned Judge, Family Court, Jajpur enabling the
said Courts to act in terms of the observations made above.
Urgent certified copy of this Judgment be granted on
proper application as per rules.


….………..……………
S.K. Mishra, J.




Orissa High Court, Cuttack .
th
Dated, 27 October, 2026/ Mona
Signature Not Verified
Digitally Signed
Signed by: MONALISA SWAIN
Reason: Authentication
Location: High Court of Orissa
Date: 28-Oct-2026 18:35:17
6 6
TRP(C) No.102 of 2026 Page of