As per case facts, the Petitioner-wife filed a transfer petition under Section 24 of Civil Procedure Code, 1908, seeking to transfer C.P. No.30 of 2026 from the Family Court, Bhawanipatna, ...
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TRP(C) No.210 of 2026 Page 1 of 6
IN THE HIGH COURT OF ORISSA, CUTTACK
TRP(C) No.210 of 2026
CNR No.
ODHC010523792026
Chinubala Mandal @ Das ....... Petitioner
-Versus-
Paramananda Das ....... Opposite Party
For Petitioner : Mr. A.S. Paul, Advocate
For Opposite Party : Mr. J. Panda, Advocate
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CORAM: JUSTICE SANJAY KUMAR MISHRA
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Date of Hearing & Judgment: 24.09.2026
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S.K. MISHRA, J.
1. This transfer petition has been preferred by the
Petitioner-wife under Section 24 of Civil Procedure Code, 1908
for transfer of proceeding in C.P. No.30 of 2026, pending in the
Court of learned Judge, Family Court, Bhawanipatna, to the
Court of learned Judge, Family Court, Khordha on the grounds
detailed in the transfer petition.
2. Though the Opposite Party-Husband, being noticed, has
appeared in the present case, but no written objection has been
TRP(C) No.210 of 2026 Page 2 of 6
filed till date opposing to the prayer for transfer. However, on
consent of the learned Counsel for the parties, the matter is
taken up for hearing and disposal at the stage of admission,
permitting the learned Counsel for the Opposite Party-Husband
to have his oral objection to such prayer made in the transfer
petition.
3. Reiterating the grounds urged in the transfer pet ition,
learned Counsel for the Petitioner submits, in view of the
grounds urged in the transfer petition, so also settled position of
law, the Petitioner, being a deserted lady, the prayer made in the
transfer petition deserves consideration.
4. On being asked, learned Counsel for the Opposite Party
submits, as per the instruction received from the Opposite Party-
Husband, he has no objection to the prayer for transfer. He also
admits that, at the instance of the Petitioner, Cr.P. No.46 of 2026
is pending before the Court of learned Judge, Famil y Court,
Khordha for maintenance, in which case his client has appeared.
It would be rather convenient for his client to participate in both
the proceedings before the same Court at Khordha. However, he
submits that his client is at present serving as a Clerk in
C.D.M.O. Office, Bhawanipatna. He being a Governmen t
TRP(C) No.210 of 2026 Page 3 of 6
employee, may face difficulty to attend the proceedings on each
date before the learned Judge, Family Court, Khordha by taking
leave. That apart, taking frequent leave also may a ffect the
official responsibilities assigned to him. Hence, he prays to
permit his client to appear through virtual mode.
5. In view of the submissions made by the learned Cou nsel
for the Petitioner, pleadings made in the transfer petition and the
concession made by the learned Counsel for the Opposite Party-
Husband, this Court is inclined to allow the prayer made in the
transfer petition.
6. Accordingly, the learned Judge, Family Court,
Bhawanipatna is directed to transmit the case record in C.P.
No.30 of 2026 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.
7. On receiving the case record in C.P. No.30 of 2026 from
the Court of learned Judge, Family Court, Bhawanipa tna, the
Court of learned Judge, Family Court, Khordha shall re-register
the said case, if so required, and proceed further in accordance
TRP(C) No.210 of 2026 Page 4 of 6
with law giving due opportunity to both the parties and shall try
to conclude the said proceeding at the earliest.
8. Since Cr.P. No.46 of 2026 is also pending before t he self
same Court at Khordha, for convenience of the parti es, the
learned Judge, Family Court, Khordha is requested to post both
C.P. No.30 of 2026 and Cr.P. No.46 of 2026 to a com mon date
and proceed simultaneously in both the said proceedings.
9. It is made clear that the Opposite Party-Husband w ill 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 he faces any difficulty on any date to
appear physically before the said Court.
10. The learned Judge, Family Court, Khordha is reques ted
to explore the facility of video conferencing available in the said
Court and allow the Opposite Party-Husband to appear through
video conferencing mode, following the guidelines p rescribed
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 witness(es) an d other
TRP(C) No.210 of 2026 Page 5 of 6
purposes, for which his presence may be required by the Court
and if it is so ordered, the Opposite Party so also his witness(es),
if any, shall remain physically present before the learned Judge,
Family Court, Khordha.
12. To avoid delay and notice, both the parties are di rected
to make a query themselves or through their Counsels from the
Court of learned Judge, Family Court, Khordha to ascertain the
date and purpose of posting of C.P. No.30 of 2026 a nd
participate in the said proceeding.
13. Both the parties are further directed not to seek for
unnecessary adjournments and cooperate with the lea rned
Judge, Family Court, Khordha for early disposal of C.P. No.30 of
2026, as directed above.
14. With the said observation and direction, the trans fer
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 ,
Bhawanipatna, so also the Court of learned Judge, Family Court,
Khordha enabling the said Courts to act in terms of the
observations made above.
TRP(C) No.210 of 2026 Page 6 of 6
16. Interim order dated 19.08.2026 passed in I.A. No.2 69 of
2026 stands vacated. I.A. stands disposed of accordingly.
Urgent certified copy of this Judgment be granted on
proper application as per rules.
….………..……………
S.K. Mishra, J.
Orissa High Court, Cuttack.
Dated, 24
th September, 2026/ Banita
In a significant ruling by the High Court of Orissa, the transfer petition filed by the Petitioner-wife, Chinubala Mandal @ Das, seeking relief under Section 24 CPC, has been granted. This judgment, TRP(C) No.210 of 2026, is now available for in-depth analysis on CaseOn, offering crucial insights into the procedural aspects of family law.
The core issue before the High Court of Orissa was whether to allow a transfer petition filed by the wife, Chinubala Mandal @ Das, under Section 24 of the Civil Procedure Code, 1908. She sought to move her ongoing divorce proceeding (C.P. No.30 of 2026) from the Family Court at Bhawanipatna to the Family Court at Khordha. Additionally, the Court needed to consider the husband's request for virtual appearance, given his government employment, and ensure proper coordination with another related case already pending at Khordha.
Section 24 of the Civil Procedure Code (CPC), 1908, grants High Courts the power to transfer any suit, appeal, or other proceeding from one Civil Court to another of equal or superior jurisdiction. This power is often exercised to ensure justice, prevent abuse of process, and facilitate convenience for parties, especially in family matters. As highlighted in the judgment, there is a "settled position of law" that often favors the wife in transfer petitions, particularly when she is described as a "deserted lady" and faces hardship in traveling to distant court locations. Furthermore, the "High Court of Orissa and District Courts Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025" provide a framework for virtual appearances, an important consideration in this case.
The Petitioner-wife, Chinubala Mandal @ Das, sought the transfer of her case, C.P. No.30 of 2026, from Bhawanipatna to Khordha, citing grounds of hardship as detailed in her petition. Significantly, the Opposite Party-Husband, Paramananda Das, despite being formally noticed, did not file any written objection to the transfer. His counsel, during the hearing, orally confirmed that the husband had no objection to the transfer. This consent was partly due to another connected case, Cr.P. No.46 of 2026 (a maintenance petition filed by the wife), already pending and actively attended by the husband at the Family Court, Khordha.
The husband, a government employee serving as a Clerk in the C.D.M.O. Office, Bhawanipatna, raised a practical concern: frequent travel to Khordha for court dates would necessitate taking numerous leaves, potentially impacting his official responsibilities. He therefore requested permission to appear through virtual mode. The Court, taking into account the wife's plea, the husband's consent, and the principle of convenience, decided to allow the transfer. The judgment also incorporated the husband's request, directing the Family Court, Khordha, to explore and facilitate video conferencing, adhering to the "High Court of Orissa and District Courts Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025." However, it was clarified that the husband's physical presence would be mandatory on dates designated for effective hearing, such as the examination and cross-examination of witnesses, if specifically ordered by the Court.
For legal professionals seeking swift comprehension of rulings like TRP(C) No.210 of 2026, CaseOn.in offers invaluable 2-minute audio briefs, enabling quick analysis of complex legal arguments and judicial directions regarding transfer petition and Section 24 CPC matters.
The Court further emphasized judicial efficiency by requesting the Family Court, Khordha, to hear both C.P. No.30 of 2026 and Cr.P. No.46 of 2026 on common dates, proceeding simultaneously to expedite their disposal. Both parties were directed to cooperate, avoid unnecessary adjournments, and proactively ascertain the dates of posting to ensure smooth proceedings. As a procedural consequence, an interim order dated 19.08.2026, issued in I.A. No.269 of 2026, was vacated, and the interim application was disposed of.
In a well-reasoned decision, the High Court of Orissa allowed the transfer petition, TRP(C) No.210 of 2026, filed by Chinubala Mandal @ Das. The divorce proceeding (C.P. No.30 of 2026) was successfully transferred from the Family Court, Bhawanipatna, to the Family Court, Khordha. This decision, influenced by the wife's hardship, the husband's consent, and the presence of a related maintenance case in Khordha, underscores the judiciary's commitment to facilitating access to justice. The Court also provided pragmatic directives for virtual appearances and simultaneous hearings, ensuring both convenience for the parties and efficient disposal of justice.
This judgment serves as an important read for legal professionals and students for several reasons:
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should not act upon this information without seeking professional legal counsel. Consult a qualified legal professional for advice on specific legal issues.
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