TRP(C) No.226 of 2026 Page 1 of 8

IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.226 of 2026

CNR No. ODHC010557182026

Sakti Suprayukti .......

Petitioner

-Versus-

Priyabrata Rajguru ....... Opposite Party

Advocates for the parties

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

For Opposite Party : Mr. T. Mishra, Advocate

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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Date of Hearing & Judgment: 25.09.2026

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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. 158 of

2026, pending before the learned Judge, Family Court, Puri,

seeking transfer of the said proceeding to the Court of the

learned Judge, Family Court, Cuttack, on the grounds

detailed in the transfer petition.

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2. Being noticed, the Opposite Party-Husband has

entered appearance through Mr. T. Mishra, learned Counsel.

However, 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-Husband to raise his 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,

the Petitioner, being a lady and the grounds specifically

urged in paragraph-9 of the transfer petition, her prayer for

transfer of proceeding from Puri to Cuttack be allowed.

4. On being asked, learned Counsel for the Opposite

Party-Husband submits, though his client instituted a civil

proceeding for divorce under Section 13(1)(ia) of the Hindu

Marriage Act, 1955 before the learned Judge, Family Court,

Puri, as per the instructions received, he is presently serving

as an Electrical Engineer at SUM Hospital, Phulnakhara,

Bhubaneswar, whereas the Petitioner-Wife is serving at Sri

Sri University, Munduli, Cuttack.

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5. Learned Counsel for the Opposite Party-Husband

submits, since his client is serving as an Engineer at SUM

Hospital, he may face difficulty in obtaining frequent leave

to appear physically before the learned Judge, Family Court,

Cuttack on each date. That apart, his frequent absence from

duty may also affect his official responsibility. Hence, he

prays that his client may be permitted to appear through

virtual mode, in case he faces any difficulty in appearing

physically on any particular date.

6. Learned Counsel for the Petitioner-Wife also makes

a similar prayer on the ground that the Petitioner is also a

working lady. He further submits, apart from the grounds

urged in paragraph-9 of the transfer petition, at the

instance of the present Petitioner, Cr.P. No. 163 of 2026 is

also pending before the learned Judge, Family Court,

Cuttack, which was instituted by the Petitioner-Wife during

pendency of the present transfer petition. Hence, the said

fact could not be specifically pleaded in the grounds urged

in the transfer petition. He further submits , if the

proceeding, instituted at the instance of the Opposite Party-

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Husband, is transferred to the Court of the learned Judge,

Family Court, Cuttack, it would rather be convenient for the

Opposite Party-Husband to appear in both the proceedings

before the same Court.

7. Law is well settled that whil e 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)

8. In a recent Judgment of this Court, reported in

2025 Live Law (Ori) 91 (Chittaranjan Padhiary & ors. Vs.

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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)

9. 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.

10. Accordingly, the learned Judge, Family Court, Puri

is directed to transmit the case record in C.P. No.158 of

2026 to the Court of learned Judge, Family Court, Cuttack

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 C.P. No.158 of 2026

from the Court of learned Judge, Family Court, Puri, the

Court of learned Judge, Family Court, Cuttack shall re-

register the said case, if so required, and proceed further in

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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 clear that both the parties would be at

liberty to appear before the Court of learned Judge, Family

Court, Cuttack 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, Cuttack 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”. 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

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present before the Court of learned Judge, Family Court,

Cuttack.

13. Since Cr.P. No. 163 of 2026 is also pending before the

same Court at the instance of the Petitioner wife, learned

Judge, Family Court, Cuttack Court is requested to post

Cr.P. No. 163 of 2026 and C.P. No.158 of 2026 to a single

date and proceed simultaneously in both the cases, which

would be convenient for the parties.

14. 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,

Cuttack to ascertain the date and purpose of posting of C.P.

No.158 of 2026 and participate in the said proceeding.

15. Both the parties are directed not to seek for

unnecessary adjournments and cooperate with the learned

Judge, Family Court, Cuttack for early disposal C.P. No.158

of 2026, as directed above.

16. With the said observation and direction, the

transfer petition stands allowed and disposed of.

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17. Office is directed to communicate a copy of this

Judgment to the Court of learned Judge, Family Court, Puri,

so also the Court of learned Judge, Family Court, Cuttack,

enabling the said Courts to act in terms of the observations

made above.

18. Urgent certified copy of this Judgment be granted

on proper application as per rules.

….………..……………

S.K. Mishra, J.

Orissa High Court, Cuttack.

Dated, 25

th September, 2026/ Anisha