Transfer of proceedings under the Hindu Marriage Act ensures access to justice while considering financial and safety concerns of the parties.

JUDGMENT :

S.K. MISHRA, J.

1. This transfer petition has been filed by the Petitioner-Wife, for transfer of proceeding in C.P. No.315 of 2022, preferred by the Opposite Party-Husband under Section 13 (1) of the Hindu Marriage Act, 1955 , from the Court of learned Judge, Family Court, Kendrapara to the Court of learned Judge, Family Court, Cuttack on the grounds detailed therein.

2. Heard learned Counsel for the parties.

3. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner is a destitute lady. After her desertion she is staying with her parents at Village- Jampada, under Niali Police Station, in the district of Cuttack. She is having a minor daughter, who is only four years old. The Opposite Party-Husband has intentionally filed the application to dissolve the marriage in the Court of learned Judge, Family Court, Kendrapara to cause inconvenience, harassment and irreparable loss to her so also her minor daughter. Because of her financial stringency, it would be difficult on her part to attend the proceeding in C.P. No.315 of 2022 at Kendrapara, which is around 100 K.M. away from the place, where she is residing at present. She being an unemployed lady having no source of income to bear the cost of travelling, it would not be possible on her part to travel such a long distance with her minor daughter on each and every date to attend the proceeding in C.P. No.315 of 2022 at Kendrapara.

4. Apart from that she has a threat to her life so also the life of her minor daughter, as because; the Opposite Party has no emotional attachment, love and affection towards them. When the Petitioner and her minor daughter were residing with the Opposite Party in Kendrapara in his residence, he attempted twice to kill her and her minor daughter.

5. To substantiate the prayer made in the transfer petition, learned Counsel for the Petitioner relies on the judgments of the Supreme Court reported in AIR 2002 SC 396 (Sumita Singh Vs. Kumar Sanjay & anr.) and in AIR 2022 SC 4318 ( N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha ) .

6. Though no written objection has been filed opposing to such prayer for transfer, per contra, learned Counsel for the Opposite Party-Husband submits, the Petitioner has filed D.V. Misc. Case No.74 of 2023, which is now pending before JMFC (Rural), Cuttack. On being noticed, his client has appeared in the said case. Being directed by the said Court, the Opposite Party-Husband is paying Rs.5,000/- every month towards interim maintenance to the Petitioner-Wife. Thus, she will be able to bear her traveling and other legal expenses to attend the proceeding at Kendrapara.

7. He further submits, in view of the facility of Video Conference available in the Court of learned Judge, Family Court, Kendrapara, she can very well appear through virtual mode, if she so desires. There is no need to travel to attend the Court proceeding in C.P. No.315 of 2022 at Kendrapara.

8. As has been admitted by the learned Counsel for the Opposite Party-Husband, D.V. Misc. Case No.74 of 2023 is now pending in the Court of JMFC (Rural), Cuttack, wherein the Opposite Party has entered appearance and contesting the said case at Cuttack.

9. In Anindita Das Vs. Srijit Das , reported in (2006) 9 Supreme Court Cases, the Supreme Court observed as follow:-

“Even otherwise, it must be seen that at one stage this Court was showing leniency to ladies. But since then it has been found that a large number of transfer petitions are filed by women taking advantage of the leniency shown by this Court. On an average at least 10 to 15 transfer petitions are on b