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Judgment
S.K. Mishra, J.
This transfer petition has been filed by the Petitioner-husband for transfer of CRP No.136 of 2024, pending in the Court of learned Judge, Family Court, Jajpur at the instance of the Opposite-Party-wife under Section 125 Cr.P.C. for maintenance, to the Court of learned Judge, Family Court, Bhubaneswar on the grounds detailed in the transfer petition.
Mr. Bikash Chandra Parija, learned Counsel is present and files Vakalatnama duly executed in his favour by the Opposite Party , with the consent of the previous Counsel, which be kept on record.
Mr. Parija, learned Counsel for the Opposite Party submits, though he has rendered appearance today, the matter can be disposed of, provided he is permitted to have his oral objections to the prayer made in the transfer petition.
Accordingly, 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 to have his oral objection to the prayer for transfer.
Heard learned Counsel for the parties.
Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-husband submits, the Petitioner is a cancer patient and is being treated at AIIMS, Bhubaneswar. At present he is serving as Senior Assistant in IIT, Argul, Bhubaneswar. Hence, it would be difficult on his part to travel from Bhubaneswar to Jajpur to attend the day-to-day proceeding in CRP No.136 of 2024.
Per contra, learned Counsel for the Opposite Party-wife submits, the Opposite Party-wife is a deserted lady, having a minor child of four(4) years old, is staying with her old mother at her parental house . Having no source of income to maintain herself so also to meet the expenses of her minor child, has rightly preferred CRP No.136 of 2024 under Section 125 Cr.P.C. before the learned Judge, Family Court, Jajpur for maintenance. At the instance of the Petitioner, further proceeding in CRP No.136 of 2024 has been stayed. Hence, the learned Court below could not pass any interim order towards her so also her child’s maintenance. So far as the stand of the Petitioner that he is a cancer patient, learned Counsel for the Opposite Party-wife, drawing attention of this Court of para-7 of the transfer petition submits, the petitioner himself has admitted that after surgery, he is fine with all medications and leading his life. Paragraph No.7 of the transfer petition, being relevant, is reproduced below.
“7.That it is pertinent to mention here that the petitioner being an innocent person and serving at IIT Argul, Bhubaneswar and used to shouldering the responsibilities of his family and the most ironic part of his life is that he has suffered from the deadly diseases of Cancer and after surgery now he is fine with all medications and leading his life. Taking the advantage of the same the opp. party wife used to harass him by pressurizing to transfer the property in the name of his wife by making partition of the ancestral property. Such an attitude of the Opp. Party wife is not only unwarranted, rather it is unheard of and all the way tried to disappoint him with cruelty and humiliation.”
(Emphasis supplied)
Learned Counsel for the Opposite Party-wife further submits, all the proceedings at the instance of the Opposite Party-wife are pending at Jajpur, except the Criminal Case pertaining to Lingaraj PS. Case No.140 of 2024, under Section 498(A) Cr.P.C., which is pending before the Court at Bhubaneswar. Further, she being a destitute lady, having no income and a minor child of four years, who needs proper care, it would be difficult on her part to travel from Jajpur to Bhubaneswar, which would be around 120 K.Ms, to attend the day-to-day proceeding in CRP No.136 of 2024, preferred by her, if the prayer made in the transfer petition is allowed. Learned Counsel for the Opposite Party-wife further submits, if the Petitioner has any difficulty to appear physically before the learned Judge, Family Court, Jajpur, he can very well pray to permit him to appear through virtual mode, instead of putting the Opposite Party-wife into further trouble, seeking a direction for transfer of proceeding in CRP No.136 of 2024.
Law is well settled that, while dealing with transfer petitions in matrimonial cases, convenience of the 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 follows:
“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 behavioural 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 going through the pleadings made in the transfer petition, so also taking note of the contentions made by learned Counsel for the parties and the settled position of law, this Court is not inclined to allow the prayer made in the transfer petition.
However, parties are at liberty to appear through virtual mode before the learned Judge, Family Court, Jajpur, if they face any difficulty to appear physically before the learned Court below.
Accordingly, the learned Judge, Family Court, Jajpur 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 by any of the parties. 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 learned Judge, Family Court, Jajpur.
Since the CRP is of the year 2024, learned Judge, Family Court, Jajpur is directed to conclude the proceeding in CRP No.136 of 2024, as early as possible, preferably by end of December, 2026.
Both the parties are directed not to seek for unnecessary adjournments and cooperate with the learned Judge, Family Court, Jajpur, who shall do well to conclude the proceedings in CRP No.136 of 2024, as directed above.
With the said observation and direction, the transfer petition stands disposed of.
Interim order dated 22.08.2024 passed in I.A. No.213 of 2024 [renumbered as I.A. No.120 of 2025 after change of nomenclature from TRP(C) to TRPCRL] stands vacated.
Urgent certified copy of this judgment be granted on proper application as per rules.