AI Structured Summary
Not yet generated for this judgment
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 No.185 of 2025, pending in the Court of learned Judge, Family Court, Jajpur, to the Court of learned Judge, Family Court-1, Bhubaneswar, Khordha on the grounds detailed in the transfer petition.
Being noticed, the Opposite Party-husband has appeared and filed a Counter Affidavit 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 ailing father, who is a person having 70% permanent disability.
However, after her desertion, the Petitioner is living with considerable mental agony, fear and suffering from physical, psychological and financial hardship in maintaining her livelihood.
Per contra, learned Counsel for the Opposite Party-husband, drawing attention of this Court to the grounds stated in the Counter, submits that the CP Case is now at argument stage.
To substantiate his submission, he files a photocopy of the certified copy of part of the order sheet in CP No.185 of 2025, which is taken on record.
Learned Counsel for the Opposite Party-husband, relying on the Judgments of Supreme Court in Rajani Kishor Pardeshi V. Kishor Babulal Pardeshi, reported in (2005) 12 SCC 237, so also Anindita Das V. Srijit Das, reported in (2006) 9 SCC, 197 opposes the prayer for transfer made by the Petitioner-wife.
It is ascertained from the order sheet in CP No.185 of 2025 that both the parties remained absent on 04.05.2026. However, on the strength of a petition for time, moved by the learned Counsel for the Respondent-Wife, the matter stood adjourned to 20.06.2026 for evidence from the side of Respondent (present Petitioner). On 20.06.2026, both the parties remained absent, though the Counsel for the Petitioner-husband was present. However, the learned Court below, while adjourning the matter to 22.06.2026 for argument, presumed that the Petitioner-wife is not interested to adduce evidence and closed her evidence. However, as on 22.06.2026 both the parties as well as their Counsels remained absent, the matter was adjourned to 08.07.2026 for argument as a last chance.
Thereafter, liberty being granted by this Court, time petition being moved before the learned Court below, the matter is still pending, awaiting further orders from this Court.
Though it has not been specifically averred in the transfer petition, learned Counsel for the Petitioner submits, as per the instruction received, at present the Opposite Party-husband is serving as a Clerk in the Odisha Information Commission located At-Toshali Bhawan, PS, Kharvelanagar, Bhubaneswar and is staying at Bhubaneswar.
Learned Counsel for the Petitioner further submits, due to financial hardship, the Petitioner-wife could not appear before the learned Court below on many occasions, including on 20.06.2026, for which the evidence from her side was closed under presumption that she does not want to adduce evidence. However, the real difficulty faced by her is financial hardship, coupled with her incapability to appear in the day-to-day proceedings at Jajpur by travelling such a long distance.
Learned Counsel for the Petitioner submits, if the proceeding is transferred to Bhubaneswar, it would be convenient for her to move application for recall of order dated 20.06.2026 and allow her to adduce evidence in C.P. Case No.185 of 2025. He further submits, since the Opposite Party is admittedly serving and staying in Bhubaneswar, he will no way be prejudiced if the prayer to transfer the proceeding is allowed, irrespective of the stage of the proceeding in C.P. Case No.185 of 2025.
Law is well settled, 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)
Since admittedly both the parties are residing at Bhubaneswar and as is revealed from the order sheet, the Petitioner-wife could not appear in number of occasions before the learned District Judge, Family Court at Jajpur because of financial constraint, this Court is of the view that, and both the parties are staying in Bhubaneswar, it would be convenient for both the parties, if the proceeding is transferred from the Court of learned Judge, Family Court, Jajpur to the Court of learned Judge, Family Court-I, Bhubaneswar.
Hence, 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 No.185 of 2025, pending in the Court of learned Judge Family Court, Jajpur to the Court of learned Judge, Family Court-I, Bhubaneswar.
Accordingly, the learned Judge, Family Court, Jajpur is directed to transmit the case record in CP No.185 of 2025 to the Court of learned Judge, Family Court-I, Bhubaneswar 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 No.185 of 2025 from the learned Judge, Family Court, Jajpur, the Court of learned Judge, Family Court-I, Bhubaneswar 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.
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-I, Bhubaneswar to ascertain the date and purpose of posting of CP Case No.185 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-I, Bhubaneswar for early disposal of CP No.185 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, Jajpur so also the Court of learned Judge, Family Court-I, Bhubaneswar enabling the said Courts to act in terms of the observations made above.
Interim order, if any, stands vacated.
Urgent certified copy of this Judgment be granted on proper application as per rules.