Court prioritizes convenience and welfare of parties in family law proceedings, allowing transfers based on hardship and recognizing virtual appearance for efficiency.

JUDGMENT :

SANJAY KUMAR MISHRA, J.

1. This transfer petition has been filed by the Petitioner-wife for transfer of proceeding in C.P.(Mat.) Case No.59 of 2024, pending in the Court of learned Judge, Family Court, Balangir to the Court of learned Judge, Family Court, Berhampur, on the grounds detailed in the transfer petition.

2. Pursuant to order dated 30.07.2025, learned Counsel for the Opposite Party-Husband, after taking instruction, submits that his client has appeared in Cr.P. No.193 of 2024 and the said case is now pending in the Court of learned Judge, Family Court, Berhampur.

3. Though the Opposite Party-husband has appeared, no written objection has been filed till date opposing to such prayer for transfer.

4. However, on consent of the learned Counsel for the Parties, the matter is taken up for hearing and final disposal at the stage of admission.

5. Heard learned Counsel for the parties.

6. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner-wife submits, the Petitioner being a destitute lady, after her desertion, she is staying with her parents in Berhampur. The distance from Balangir to Berhampur would be around 350 K.M. away. It would be very difficult on her part to travel such a long distance without any male member to accompany her to attend the proceeding before the learned Judge, Family Court, Balangir in C.P.(Mat.) Case No.59 of 2024. Apart from that, she is having a two years old daughter and travelling such a distance to attend proceeding at Balangir with the small child will also cause hardship to the Petitioner-Wife.

7. He further submits, though the Petitioner-Wife has preferred Cr.P. No.193 of 2024 under section 144 of BNSS , 2023, which is pending before the Court of learned Judge, Family Court, Berhampur, till date no order has been passed directing the Opposite Party-Husband to pay interim maintenance.

8. Learned Counsel for the Petitioner-wife submits, as per the settled position of law, if the prayer made in the transfer petition is allowed, both the C.P. (Mat.) Case No.59 of 2024 so also Cr.P. No.193 of 2024 can be tried together by the learned Judge, Family Court, Berhampur to avoid multiplicity of proceedings so also conflicting judgments.

9. Per contra, learned Counsel for the Opposite Party- Husband submits, because of the availability of the facility of Video Conferencing, the Petitioner can very well appear through virtual mode in C.P.(Mat.) Case No.59 of 2024, now pending in the Court of learned Judge, Family Court, Balangir. He further submits, if this Court is inclined to allow the prayer for transfer of proceeding, his client be permitted to appear through virtual mode.

10. As is revealed from the record, the Opposite Party- Husband is working as Civil Engineer in Lower Suktel Spillway Project and is staying in the quarter allotted to him at Magurbeda. Hence, this Court is of the view that he should be permitted to appear through virtual mode.

11. However, in view of the reasons detailed in the transfer petition so also submission made by the learned Counsel for the Petitioner and settled position of law, the prayer made in the transfer petition is allowed. The learned Judge, Family Court, Balangir is directed to transmit the case record in C.P. (Mat.) Case No.59 of 2024 to the Court of learned Judge, Family Court, Berhampur, Dist. Ganjam at the earliest, preferably within a period of one week from the date of production of certified copy of this order.

12. On receiving the case record in C.P. (Mat.) Case No.59 of 2024 from the Court of learned Judg