SAUDAMINI BEHERA vs ACHYUTA BEHERA
- Court
- Odisha High Court
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.350 of 2025
CNR No. ODHC010680992025
Saudamini Behera ...
Petitioner
-Versus-
Achyuta Behera ... Opposite Party
Advocates for the parties
For Petitioner : Mr. R. Chhotaray, Advocate
For Opposite Party : Ms. A. Ray, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
--------------------------------------------------------------------------
Date of Hearing & Judgment: 28.10.2026
--------------------------------------------------------------------------
S.K. MISHRA, J.
1. This transfer petition has been preferred under
Section 24 of the Code of Civil Procedure, 1908 by the
Petitioner-Wife, who is the Opposite Party in C.P. No.370 of
2023, pending before the learned Judge, Family Court, Puri,
seeking transfer of the said proceeding to the Court of the
TRP(C) No.350 of 2025 Page 1 of 7
learned Judge, Family Court, Khordha, on the grounds
detailed in the transfer petition.
2. Though the Opposite Party-Husband has entered
appearance, no written objection has been filed till date
opposing the prayer for transfer. However, with the consent
of learned Counsel for the parties, the transfer petition is
taken up for hearing and disposal at the stage of admission,
permitting learned Counsel for the Opposite Party-Husband
to raise oral objections, if any, to the prayer made in the
transfer petition.
3. Reiterating the grounds urged in the transfer
petition, learned Counsel for the Petitioner-Wife submits
that in view of the grounds urged in the transfer petition
and the settled position of law, the prayer for transfer of the
proceeding in C.P. No. 370 of 2023 from Puri to Khordha be
allowed.
4. On being asked, learned Counsel for the Opposite
Party-Husband fairly submits that she has no objection to
such prayer for transfer. However, she submits that her
TRP(C) No.350 of 2025 Page 2 of 7
client is at present serving as a Sepoy in the Indian Army
and is at present posted somewhere in the State of
Uttarakhand. She further submits that his participation in
the day-to-day proceedings in C.P. No.370 of 2023 at
Khordha by seeking frequent leave may cause difficulty for
him. Accordingly, she prays that, upon transfer of the
proceeding from Puri to Khordha, the Opposite Party-
Husband may be permitted to appear through virtual mode,
if so required.
5. Law is well settled that while considering
application for transfer of matrimonial proceedings,
convenience of 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 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
TRP(C) No.350 of 2025 Page 3 of 7
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)
6. In a recent Judgment of this Court, reported in
2025 Live Law (Ori) 91 (Chittaranjan Padhiary & ors. Vs.
Jasmin Das) , this Court permitted the parties to appear
through virtual mode with the following observations:
“However, in view of the reasons detailed in the
forgoing paragraphs, this Court is of the view that
interest of justice will be best served, if the
parties, who are either stationed or serving at
different places, are permitted to appear
through virtual mode before the concerned
Courts.”
(Emphasis supplied)
7. In the circumstances, taking into consideration of
the pleadings and documents on record, submissions made
by learned Counsel for the parties and the settled position of
law, the Court is inclined to allow the prayer made in the
present transfer petition.
8. Accordingly, the learned Judge, Family Court, Puri
is directed to transmit the case record in C.P. No.370 of
TRP(C) No.350 of 2025 Page 4 of 7
2023 to the Court of learned Judge, Family Court, Khordha
at the earliest, preferably within a period of seven days from
the date of production of certified copy of this Judgment.
9. On receiving the case record in C.P. No.370 of 2023
from the Court of learned Judge, Family Court, Puri, the
Court of learned Judge, Family Court, Khordha 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.
10. It is made clear that both the parties would be at
liberty to appear before the Court of learned Judge, Family
Court, Khordha 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
Court of learned Judge, Family Court, Khordha 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
TRP(C) No.350 of 2025 Page 5 of 7
under the “High Court of Orissa and District Courts Use of
Electronic Communication and Audio-Video Electronic
Means Rules, 2025”. 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,
Khordha.
11. 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,
Khordha to ascertain the date and purpose of posting of
C.P. No.370 of 2023 and participate in the said proceeding.
12. Both the parties are directed not to seek for
unnecessary adjournments and cooperate with the learned
Judge, Family Court, Khordha for early disposal C.P. No.370
of 2023, as directed above.
TRP(C) No.350 of 2025 Page 6 of 7
13. With the said observation and direction, the
transfer petition stands allowed and disposed of.
14. Office is directed to communicate a copy of this
Judgment to the Court of learned Judge, Family Court,
Khordha, 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, 28 October, 2026/ Anisha
Signature Not Verified
Digitally Signed
Signed by: ANISHA NANDA
Designation: Jr. Stenographer
Reason: Authentication
Location: OHC, CUTTACK
Date: 29-Oct-2026 17:31:53
TRP(C) No.350 of 2025 Page 7 of 7