Orissa High Court
An Application Under Section 24 Of The … vs Ajaya @ Benudhar on 28 July, 2026
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP (C) No.211 of 2025
An application under Section 24 of the Code of Civil Procedure,
1908.
Nirupama Barjee .... Petitioner
Versus
Ajaya @ Benudhar .... Opposite Party
Kumar Suna
Advocates appeared in the case :
For Petitioner: Mr. J.K. Padhi, Advocate along with
Mr. A.P. Bose, Advocate
For Opp. Party: Mr. Jyotirmaya Sahoo, Advocate
CORAM:
THE HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
JUDGMENT
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Date of hearing: 21.07.2026: Date of judgment.28.07.2026
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MRUGANKA SEKHAR SAHOO, J.
1. The petition under Section 24 of the C.P.C. has been
filed by the wife in the marriage seeking transfer of
Matrimonial Petition No.27 of 2025 pending in the court of
learned Principal Judge, Family Court, Bargarh to the court of
learned Judge, Family Court, Sonepur.
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The Matrimonial Petition has been filed by the opposite
party-husband in the marriage under Section 13 of the Hindu
Marriage Act, 1955 for dissolution of marriage and for
annulment of the marriage between the petitioner and the
opposite party solemnized on 02.03.2024.
2. Learned counsel for the petitioner and learned counsel
for the opposite party no.1 were heard at some length.
3. Learned counsel for the petitioner relies on the Section
24 of the C.P.C. to submit that convenience of the petitioner
should be looked to by this Court for transferring the pending
Matrimonial Petition from Bargarh to Sonepur. For case of
reference, Section 24 of CPC is reproduced herein:
“24. General power of transfer and withdrawal.–
(1) On the application of any of the parties and after
notice to the parties and after hearing such of them as
desired to be heard, or of its own motion, without such
notice, the High Court or the District Court may, at any
stage–
(a) transfer any suit, appeal or other proceeding pending
before it for trial or disposal to any Court subordinate to
it and competent to try or dispose of the same; or
(b) withdraw any suit, appeal or other proceeding
pending in any Court subordinate to it; and
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court
subordinate to it and competent to try or dispose of the
same; or
(iii) re-transfer the same for trial or disposal to the Court
from which it was withdrawn. …”
4. It is submitted by the learned counsel for the opposite
party that the opposite party will face immense difficulty in
TRP (C) No.211 of 2025
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appearing at Bargarh. It is submitted that unfounded
allegations have been made in the petition seeking transfer of
the proceeding. It is submitted that due to pendency of the
present Matrimonial Petition for more than one year, the
Matrimonial Petition has not progressed any further, which
causes immense hardship to the opposite party and also is
no way beneficial to the petitioner and also such prolonged
pendency is no way beneficial to the cause of the both the
parties.
5. Regarding jurisdiction of the courts to take up the
petition, this Court takes note of Section 19 under Chapter V
of the Hindu Marriage Act, 1955 which provides Jurisdiction
and Procedure and is reproduced herein:
“19. Court to which petition shall be presented.-
Every petition under this Act shall be presented to the
district court within the local limits of whose ordinary
original civil jurisdiction-
–(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the
petition, resides, or
(iii) the parties to the marriage last resided together, or
(iii-a)in case the wife is the petitioner, where she is
residing on the date of presentation of the petition, or
(iv)the petitioner is residing at the time of the
presentation of the petition, in a case where the
respondent is, at that time, residing outside the
territories to which this Act extends, or has not been
heard of as being alive for a period of seven years or
more by those persons who would naturally have heard
of him if he were alive.”
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6. Further, Section 7 of the Family Courts Act, 1984
provides Jurisdiction of Courts’ to entertain applications has
to be taken note of and is reproduced herein:
“7. Jurisdiction.-(1) Subject to the other provisions of
this Act, a Family Court shall-
(a)have and exercise all the jurisdiction exercisable by
any district court or any subordinate civil court under
any law for the time being in force in respect of suits and
proceedings of the nature referred to in the Explanation;
and
(b) be deemed, for the purposes of exercising such
jurisdiction under such law, to be a district court or, as
the case may be, such subordinate civil court for the
area to which the jurisdiction of the Family Court
extends.
Explanation.-The suits and proceedings referred to in
this sub-section are suits and proceedings of the
following nature, namely:-…”
As has been submitted by learned counsel for opposite
party and not disputed at the Bar that the court at Bargarh
has the jurisdiction to try the Matrimonial Petition.
7. Hon’ble Supreme Court in the decision, Kulwinder
Kaur ALIAS Kulwinder Gurcharan Singh V. Kandi Friends
Education Trust and others : (2008) 3 SCC 659 at pagraph-
23 discussing the scope of Sections 24 & 25 of the CPC has
held as follows :
“23. Reading Sections 24 and 25 of the Code together
and keeping in view various judicial pronouncements,
certain broad propositions as to what may constitute a
ground for transfer have been laid down by courts. They
are balance of convenience or inconvenience to the
plaintiff or the defendant or witness; convenience orTRP (C) No.211 of 2025
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inconvenience of a particular place of trial having regard
to the nature of evidence on the points involved in the
suit; issues raised by the parties; reasonable
apprehension in the mind of the litigant that he might
not get justice in the court in which the suit is pending;
important questions of law involved or a considerable
section of public interested in the litigation; “interest of
justice” demanding for transfer of suit, appeal or other
proceeding, etc. Above are some of the instances which
are germane in considering the question of transfer of a
suit, appeal or other proceeding. They are, however,
illustrative in nature and by no means be treated as
exhaustive. If on the above or other relevant
considerations, the court feels that the plaintiff or the
defendant is not likely to have a “fair trial” in the court
from which he seeks to transfer a case, it is not only the
power, but the duty of the court to make such order. “
[Emphasis Supplied]
8. Having heard learned counsel for the petitioner and
the learned counsel for the opposite party and having
considered the various aspects as stated in the petition and
submissions seeking transfer as well as applying the
principles laid down by the Hon’ble Supreme Court as noted
above and in the interest of justice, this Court allows the
prayer for transfer of the Matrimonial Petition No. 27 of 2025
pending before the learned Principal Judge, Family Court,
Bargarh to the court of learned Judge, Family Court,
Sonepur.
It is further directed that the parties shall cooperate in
expeditious disposal of the matter before the learned Judge,
Family Court, Sonepur.
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9. Both the parties should take note of the fact that there
has been several Information and Communication Technology
(ICT) initiatives by this Court throughout the State to make it
convenient for the parties to appear before a Court through
Video Conferencing. The learned court that would take up the
proceeding shall explore the possibility of utilizing the ICT for
convenience of the appearing parties and for expeditious
disposal of pending litigation, upon application made by any of
the parties seeking such facility.
It is further directed the parties shall cooperate in
prosecuting the matter with due diligence as it is pending
since 2025.
10. The learned Judge, Family Court, Sonepur shall do well
to proceed in adjudicating the matter as expeditiously as
possible depending upon the number of cases pending on
board.
11. The petition stands disposed of with the aforesaid
observations/directions.
Copy of this order shall be forwarded to the learned
Principal Judge, Family Court, Bargarh to be kept in the file of
Matrimonial Petition No.27 of 2025 and to the court of learned
Judge, Family Court, Sonepur for reference.
Mruganka Sekhar Sahoo
Judge
Signature Not Verified
Orissa High Court, Cuttack
Digitally Signed The 28th July, 2026/Jyostna
Signed by: JYOSTNARANI MAJHEE
Reason: Authentication
Location: OHC
Date: 28-Jul-2026 17:10:47
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