ANKITA KUMARI TRIPATHY@PATRA vs KRUSHNA PRASAD PATRA

lIN THE HIGH COURT OF ORISSA, CUTTACK

TRPCRL No.108 of 2024
(CNR No.ODHC010851712024)

Ankita Kumari Tripathy @ Patra ….... Petitioner

-Versus-
Krushna Prasad Patra ....... Opposite Party


Advocate for the parties


For Petitioner : Mr. S.K. Mishra, Sr. Advocate
Along with
Ms. P.S. Mohanty, Advocate


For Opposite Party : Mr. B.P. Tripathy, Sr. Advocate
Along with
Mr. Subhankar Das, Advocate

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

CORAM: JUSTICE SANJAY KUMAR MISHRA

Date of Hearing & Judgment: 28.10.2026
_____________________________________________________________
S.K. MISHRA, J.
1. The present transfer petition has been preferred by the
Petitioner-wife under Section 447 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS), seeking transfer of Cr.P. No.64 of
2021, instituted by her under Section 125 of the Code of Criminal
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Procedure, 1973, for maintenance, from the Court of the learned
Judge, Family Court, Berhampur, to the Court of the learned
Judge, Family Court, Bhubaneswar, on the grounds stated therein.
2. Being noticed, the Opposite Party-husband entered
appearance and filed an objection opposing the prayer for
transfer.
3. Heard Mr. Mishra, learned Sr. Advocate appearing for
the Petitioner so also Mr. Tripathy, learned Sr. Advocate
appearing for the Opposite Party.
4. Reiterating the grounds urged in the transfer petition,
Mr. Mishra, learned Senior Advocate for the Petitioner-wife
submits that, at the time of institution of the matrimonial
proceeding, i.e., Cr.P No.64 of 2021, the Petitioner was
residing at Berhampur with her aged and ailing parents and
was employed at Bengaluru. Subsequently, she left her
employment at Bengaluru and joined a new job at
Bhubaneswar, where her aged and ailing parents had also
shifted to avail better medical treatment. He further submits,
the minor daughter of the Petitioner, who is aged about four
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years, has been admitted to Sai International School at
Bhubaneswar.
5. Learned Senior Advocate further submits that the
Petitioner, being a deserted lady, would face considerable
hardship if she was required to travel to Berhampur on each
date of hearing to attend the matrimonial proceeding. He also
submits that, as the Opposite Party-husband is presently
residing at Bengaluru, no undue prejudice would be caused to
him if the proceeding is transferred from Berhampur to
Bhubaneswar, which has convenient air connectivity.
6. Learned Senior Advocate for the Petitioner-wife
further submits that, in view of the settled position of law, the
convenience of the wife is a paramount consideration while
deciding a prayer for transfer of matrimonial proceeding.
Accordingly, he prays that Cr.P. No.64 of 2021 be transferred
from the Court of the learned Judge, Family Court,
Berhampur, to the Court of the learned Judge, Family Court,
Bhubaneswar.
7. Per contra, Mr. Tripathy, learned Senior Advocate
appearing for the Opposite Party-husband, submits that Cr.P.
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No.64 of 2021 was instituted in the year 2021, whereas the
Petitioner approached this Court seeking transfer of the
proceeding only in the year 2024, after a lapse of
approximately three years. He further submits, although the
Petitioner claims to have secured employment at
Bhubaneswar, no documentary evidence in support of such
employment has been annexed to the transfer petition.
Similarly, no cogent material has been placed on record to
substantiate the Petitioner's claim that her minor daughter is
pursuing her education at Bhubaneswar.
7.1. Referring to the order sheet of the Court below dated
03.12.2024, as at Anenxure-2 series, it is further submitted
that the Petitioner-wife had already expressed her intention
not to adduce any further evidence and the evidence on her
behalf was closed. It is therefore contended that the present
transfer petition has been filed only with a view to delaying
the proceeding. In support of his submission, the learned Sr.
Advocate for the Opposite Party has relied upon the copies of
the deposition in Cr.P. No.64 of 2021 annexed as Anenxure-2
series.
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7.2. Relying upon the principles governing the exercise of
transfer jurisdiction, learned Senior Advocate for the Opposite
Party-husband further submits that, although the
convenience of the wife is a paramount consideration in
matrimonial matters, it cannot be treated as the sole
determining factor in every case.
8. 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 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)

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9. Having considered the submissions made by learned
Senior Counsel for the parties, the grounds urged in the
transfer petition and the settled position of law, this Court is
of the view that the circumstances pleaded by the Petitioner-
wife justify the transfer of proceeding in Cr.P. No.64 of 2021
to Bhubaneswar. The Petitioner is employed at Bhubaneswar,
resides with her aged and ailing parents, and has to look after
her minor daughter’s educational needs. These
circumstances, taken together, justify the transfer of the
proceeding. Further, as the Opposite Party-husband is
presently residing at Bengaluru, the transfer of proceeding to
Bhubaneswar would not cause him any undue prejudice. The
delay in filing the transfer petition and the absence of
documentary evidence, as pointed out by the Opposite Party-
husband, do not override the grounds justifying transfer in
the facts and circumstances of the present case. Accordingly,
the prayer for transfer deserves to be allowed.
10. Accordingly, the learned Judge, Family Court,
Berhampur is directed to transmit the case record i.e. Cr.P.
No.64 of 2021 to the Court of learned Judge, Family Court-I,
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Bhubaneswar at the earliest, preferably, within a period of
seven days from the date of production of certified copy of this
Judgment.
11. On receiving the case record in Cr.P. No.64 of 2021
from the Court of learned Judge, Family Court, Berhampur,
the Court of learned Judge, Family Court-I, Bhubaneswar
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.
12. It is made further clear that, to expedite the trial,
both the parties will be at liberty to appear before the Court of
learned Judge, Family Court-I, Bhubaneswar 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.
13. The learned Judge, Family Court-I, Bhubaneswar 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
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under the “High Court of Orissa and District Courts Use of
Electronic Communication and Audio-Video Electronic Means

Rules, 2025”.
14. 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-I, Bhubaneswar.
15. 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-I,
Bhubaneswar to ascertain the date and purpose of posting of
Cr.P. No.64 of 2021 and participate in the said proceeding.
16. Having regard to the fact that the matrimonial
proceeding is of the year 2021, both the parties are further
directed not to seek for unnecessary adjournments and
cooperate with the learned Judge, Family Court-I,
Bhubaneswar, who shall do well to conclude the said
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proceeding at the earliest, preferably, by the end of June,
2027, provided there is no legal impediment.
17. With the said observation and direction, the transfer
petition stands allowed and disposed of.
18. Office is directed to communicate a copy of this
Judgment to the Court of learned Judge Family Court-I,
Bhubaneswar enabling the said Court to act in terms of the
observations made above.
19. Interim order dated 16.12.2024 passed in I.A. No.92
of 2024 stands vacated. All pending interlocutory
applications, if any, also stand disposed of.
Urgent certified copy of this Judgment be granted on
proper application as per rules.


…….……………………

S.K. MISHRA, J.



Orissa High Court, Cuttack.
th
Dated, the 28 October, 2026/ Prasant





Digitally Signed
Signed by: PRASANT KUMAR PRADHAN
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 31-Oct-2026 13:09:28
Signature Not Verified
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