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Judgment
S.K. Mishra, J.
The present transfer petition has been preferred by the Petitioner-wife, under Section 24 of the Code of Civil Procedure, for transfer of the proceeding in CP Case No.588 of 2025, pending in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Kataka on the grounds detailed in the transfer petition.
Being noticed, the Opposite Party-husband has appeared and filed an objection opposing to such prayer for transfer.
Since pleadings are complete, on consent of the learned Counsel for the parties, the transfer petition is taken up for hearing and disposal at the stage of admission.
Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, after her desertion, she is staying with her sister-in-law at Village Gabhilo, PO-Gobabasta, under Kataka Sadar Police Station. Having no income, she is totally dependent on her sister-in-law for her livelihood.
Though it has not been specifically pleaded in the transfer petition, learned Counsel for the Petitioner further submits, her sister-in-law is a practicing lawyer of the Kataka Bar Association. Having no income, if the proceeding is transferred from Bhubaneswar to Kataka, it would be a great help to the Petitioner to get free legal assistance to contest and defend her case effectively before the learned Judge, Family Court, Kataka.
However, if the Petitioner is forced to appear before the learned Judge, Family Court, Bhubaneswar, she would be unable to attend the proceeding on each and every date. Further she would be unable to bear the legal expenses for engaging a lawyer of the Bhubaneswar Bar Association and contest the case effectively before the learned Judge, Family Court, Bhubaneswar.
Per contra, Ms. A. Das, learned Counsel for the Opposite Party-husband submits, the distance from village Gobhilo to the Court of learned Judge, Family Court Bhubaneswar would be around 27 K.M., whereas the distance from the said village to the Court of learned Judge, Family Court, Kataka would be around 25 K.M. Admittedly, the Petitioner is staying at Village Gobhilo, therefore, she would in no way be prejudiced, if she appears before the learned Judge, Family Court, Bhubaneswar.
Rather, the Opposite Party-husband, being stationed at Jatani and being a railway employee, currently deployed as a cook on daily wages basis in the Railway Transport Department and posted at Bhubaneswar, it would be inconvenient for him to travel to Kataka to attend the day-to-day proceeding before the learned Judge, Family Court, Kakata by frequently availing leave from his employer.
Learned Counsel for the Opposite Party-husband further submits, the Opposite Party-husband belongs to Jatani. Though he is posted at Bhubaneswar, he is at present staying in his own house at Jatani. From Jatani to Kataka, the distance is around 50 K.M. If the proceeding is transferred to Kataka, it will cause immense difficulty for him to attend the day-to-day proceeding before the learned Judge, Family Court, Kataka.
The said submission of the learned Counsel for the Opposite Party-husband is disputed by the learned Counsel for the Petitioner, who submits, as per the instruction received, about one year ago, the Opposite-Party has already been employed as a permanent Class-IV employee in the Railway and is currently posted at Bhubaneswar. He is financially capable to bear the legal expenses, including travel and other legal expenses. He would in no way be prejudiced, if the proceeding is transferred from Bhubaneswar to Kataka, as prayed by the Petitioner, who is a distressed lady having no income.
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)
After taking into consideration the pleadings on record, submissions made by the learned Counsel for the parties and the settled position of law, as detailed above, this Court is inclined to allow the prayer made in the transfer petition in CP Case No.588 of 2025, pending in the Court of learned Judge Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Kataka.
Accordingly, the learned Judge, Family Court, Bhubaneswar is directed to transmit the case record in CP Case No.588 of 2025 to the Court of learned Judge, Family Court, Kataka at the earliest, preferably within a period of seven days from the date of production of certified copy of this Judgment.
On receiving the case record in CP Case No.588 of 2025 from the learned Judge, Family Court, Bhubaneswar, the Court of learned Judge, Family Court, Kataka 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.
Since the Opposite Party-husband is allegedly staying at Jatani and he is an employee of the Railway and posted at Bhubaneswar, both the parties are permitted to appear before the Court of learned Judge, Family Court, Kataka 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 learned Judge, Family Court, Kataka 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 Orissa High Court Video Conferencing for Courts Rules, 2020. 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, Kataka.
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, Kataka to ascertain the date and purpose of posting of CP Case No.588 of 2025 and participate in the said proceeding.
Both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Kataka for early disposal of CP Case No.588 of 2025, as directed above.
With the said observation and direction, the transfer petition stands allowed and disposed of.
Office is directed to communicate a copy of this Judgment to the Court of learned Judge, Family Court, Bhubaneswar so also the Court of learned Judge, Family Court, Kataka enabling the said Courts to act in terms of the observations made above.
Interim order dated 21.08.2025 passed in I.A. No.271 of 2025 stands vacated.
Urgent certified copy of this Judgment be granted on proper application as per rules.