A transfer petition is justified to avoid hardship due to distance between the parties and concurrent jurisdictions of Family Courts.

JUDGMENT :

S.K. MISHRA, J.

This transfer petition has been filed by the Petitioner-wife for transfer of proceeding in CP No.119 of 2025, pending in the Court of learned Judge, Family Court, Bhadrak, to the Court of learned Judge, Family Court, Bhubaneswar on the grounds detailed in the transfer petition.

2. Heard learned Counsel for the parties.

3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, at present, the Petitioner is serving as Assistant Professor in Gita Autonomous College, Bhubaneswar in the Department of Computer Science and she is residing with her parents in Bhubaneswar. The Petitioner being a lady, is required to attend her professional duties and travelling repeatedly to Bhadrak, which is at a considerable distance from Bhubaneswar, will cause of serious hardship and inconvenience to her. It has also been stated that the Family Court, Bhubaneswar has concurrent jurisdiction to try the divorce case filed by the Opposite Party-husband before the Judge, Family Court, Bhadrak.

4. To substantiate the prayer made in the transfer petition, learned Counsel for the Petitioner relies on the judgment of Supreme Court reported in 2022 SCC onLine SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha)

5. Though no written objection has been filed opposing to such prayer for transfer, per contra, learned Counsel for the Opposite Party-husband submits, even his client is serving in a multinational company and at present posted in Dubai, since all the cause of action arose at Bhadrak, he had to file application for divorce before the Judge, Family Court, Bhadrak. Since the Petitioner is earning sufficiently, she can appear before the learned Judge, Family Court, Bhadrak. If so required, she can also pray before the Court to permit her to appear through virtual mode, instead of praying for transfer of the said proceeding to the Court of learned Judge, Family Court, Bhubaneswar.

6. However, after hearing the parties, as the Opposite Party-husband is at present posted in Dubai, in view of the reasons detailed above and the settled position of law, this Court is of the view that the prayer made in the transfer petition deserves consideration. Accordingly, the said prayer is allowed.

7. The Court of learned Judge, Family Court, Bhadrak is directed to transmit case record in CP No.119 of 2025 to the Court of learned Judge, Family Court, Bhubaneswar at the earliest preferably, within a period of seven days from the date of production of certified copy of this order.

8. On receiving the case record in CP No.119 of 2025 from the Court of learned Judge, Family Court, Bhadrak, the Court of learned Judge, Family Court, 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 in CP No.119 of 2025 at the earliest.

9. It is made clear that both the parties will be at liberty to appear before the Court of learned Judge, Family Court, Bhubaneswar 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 Court of learned Judge, Family Court, Bhubaneswar is requested to explore the facility of video conferencing available in the said Court and allow the parties to appear through video conferencing 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