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Judgment
S.K. Mishra, J.
Pursuant to order dated 17.04.2026 though notice was issued to Opposite Party by Speed Post with A.D. and office note indicates that service of notice is sufficient, the Opposite Party goes unrepresented when the matter is called. That apart, it is revealed from the transfer petition that a prayer has been made to transfer the matrimonial proceeding from the Court of Family Court-II, Bhubaneswar to the Court of Family Court-I, Bhubaneswar, which are located in the Judicial Complex, Bhubaneswar. Hence, on being prayed by the learned Counsel for the Petitioner, the transfer petition is taken up for hearing and disposal at the stage of admission in absence of the Opposite Party.
This Transfer Petition has been filed by the Petitioner-wife, who is the Opposite Party in C.P. No.1136 of 2024, for transfer of the said proceeding from the Court of learned Judge, Family Court-II, Bhubaneswar to the Court of learned Judge, Family Court-I, Bhubaneswar. That apart, a further prayer has been made in the transfer petition for analogous hearing of C.P. No.391 of 2025, which is pending at the instance of the Petitioner before the learned Judge, Family Court-I, Bhubaneswar along with C.P. No.1136 of 2024.
Heard Mr. Mohapatra, learned Counsel for the Petitioner.
To substantiate the prayer made in the transfer petition, reiterating the grounds urged therein, learned Counsel for the Petitioner submits, the Petitioner is a deserted lady. She has no source of income and totally dependent on her parents and at present staying with them at her parental home. That apart, at her instance, C.P. No.391 of 2025 under Section 13(1) (ia) of the Hindu Marriage Act, 1955, with a prayer to pass a decree of divorce, is now pending before the Family Court-I, Bhubaneswar.
Learned Counsel for the Petitioner further submits, the Petitioner-wife has preferred C.P. No.391 of 2025 for divorce before the learned Judge, Family Court-I, Bhubaneswar, whereas, the Opposite Party-husband has preferred C.P. No.1136 of 2024 for restitution of conjugal life before the Court of learned Judge, Family Court-II, Bhubaneswar under Section-9 of the Act, 1955. If both the proceedings are tried differently by different Courts, it would lead to conflicting judgments and multiplicity in trial. That apart, she being a destitute lady, having no source of income, it would cause hardship to her to engage a lawyer and pay him fees on each date in both the said proceedings. If both the matrimonial proceedings are tagged and tried together, she would be saved from incurring extra-legal expenditure towards the professional fees of the lawyer, apart from running to both the said Courts frequently to attend the day-to-day Court proceedings, as the said cases are being posted to different dates. Accordingly, learned Counsel for the Petitioner prays for transfer of proceeding of C.P. No.1136 of 2024, pending in Family Court-II, Bhubaneswar, to Family Court-I, Bhubaneswar and for analogous hearing with C.P. No.391 of 2025.
At this stage, being relevant, it would be apt to reproduce below Section 21-A of the Hindu Marriage Act, 1955:
“21-A-Power to transfer petitions in certain cases-(1) Where-
(a)a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13, and
(b)another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree of judicial separation under section 10 or for a decree of divorce under section 13 or any ground whether in the same district court or in a different district court, in the same State or in a different State, The petitions shall be dealt with as specified in sub-section (2).
(2)In a case where sub-section (1) applies-
(a)if the petitions are presented to the same district Court, both the petitions shall be tried and heard together by that district Court;
(b)if the petitions are presented to different District Courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.
(3)In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 1908 (5 of 1908), to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.”
(Emphasis supplied)
That apart, law is well settled that, when two or more proceedings are pending in different Courts between the same parties, which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same judge, so as to avoid multiplicity in trial of the same issues and conflict of decisions.
At this juncture, it would be apposite to deal with the Judgment of the Supreme Court reported in 2022 SCC OnLine SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), wherein it is held as follows:-
“10.Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”
(Emphasis supplied)
Hence, after going through the pleadings and documents on record, legal provisions extracted above, so also the settled position of law and the observations detailed above, this Court is inclined to allow the prayer made in the transfer petition.
However, as C.P No.1136 of 2024 was initiated first by the Husband before the Family Court-II, Bhubaneswar, in view of the provisions enshrined under Clause (b) of Sub-section (2) of Section 21-A of the Hindu Marriage Act, 1955, this Court is of the view that, instead of transferring proceeding in C.P No.1136 of 2024 to the Family Court-I, Bhubaneswar, proceeding in C.P. No.391 of 2025 is required to be transferred to the Family Court-II, Bhubaneswar, which would cause no inconvenience to the Petitioner-wife, both the said Courts being situated at the same place, i.e., Judicial Complex, Bhubaneswar.
Accordingly, the learned Judge, Family Court-I, Bhubaneswar is directed to transmit the case record in C.P No.391 of 2025 to the Court of learned Judge, Family Court-II, Bhubaneswar at the earliest, preferably within a period of one week from the date of production of certified copy of this judgment.
On receiving the case record in C.P No.391 of 2025 from the Court of learned Judge, Family Court-I, Bhubaneswar, the learned Judge, Family Court-II, Bhubaneswar shall re-register C.P No.391 of 2025, if so required, and shall do well to try both the proceedings together and proceed further in accordance with law giving due opportunity to both the parties.
For convenience of the parties, so also to expedite the hearing of both the cases, the Judge, Family Court-II, Bhubaneswar is requested to explore the facilities of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020, if so prayed. 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 shall remain physically present before the Court of Judge, Family Court-II, Bhubaneswar.
To avoid delay and notice, the parties are directed to make a query themselves or through their counsel regarding the date and purpose of posting of C.P. No.391 of 2025, and attend the Court of the Judge, Family Court-II, Bhubaneswar.
Both the parties are further directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court-II, Bhubaneswar, who shall do well to conclude both the proceedings, i.e., C.P. No.1136 of 2024, so also C.P. No.391 of 2025, at the earliest.
With the said observation and direction, the transfer petition stands disposed of.
Interim order(s), if any, stand(s) vacated.
Office is directed to communicate a copy of this order to the Court of learned Judge, Family Court-I, Bhubaneswar so also the learned Judge, Family Court-II, Bhubaneswar for compliance.
Urgent certified copy of the judgment be granted on proper application as per rules.