In matrimonial transfer petitions, the wife’s convenience is a primary consideration under Section 24 of the CPC.

JUDGMENT :

S.K. MISHRA, J.

This transfer petition has been filed by the Petitioner-wife for transfer of MAT Suit No.188 of 2024, pending in the Court of learned Civil Judge (Senior Division), Rairangpur, to the Court of learned Civil Judge (Senior Division), Karanjia in the district of Mayurbhanj 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, after her desertion, the Petitioner is staying at Mendhamundi, PO/PS Raruan, in the district of Mayurbhanj with her parents. Since the distance from Raruan to Rairangpur is around 80 KMs, she being a deserted lady, dependent on her parents for her livelihood, it would be difficult on her part to travel such a long distance because of her poor financial condition and lack of poverished public transport facility.

4. Learned Counsel for the Petitioner-wife further submits, the Petitioner has lodged an FIR against the Opposite Party before the I.I.C, Raruan Police Station vide PS Case No.110 of 2024, corresponds to CT Case No.437 of 2024, which is now pending in the Court of the SDJM, Karanjia.

5. Though no written objection has been filed opposing to such prayer, per contra, learned Counsel for the Opposite Party-husband submits, the Opposite Party is serving in a private company at Keonjhar. It would be difficult on his part to take leave and attend the Court proceeding at Karanjia, if the prayer of the Petitioner-wife is allowed. He further submits, the distance of the Petitioner’s paternal house, i.e., Village Mendhamundi from the Court at Raiarangpur and the Court at Karanjia are almost same, which is disputed by the learned Counsel for the Petitioner.

6. Learned Counsel for the Opposite Party-husband further submits, since both the Courts i.e. Civil Judge (Senior Division), Rairangpur so also Civil Judge (Senior Division), Karanjia are within the territorial jurisdiction of District Judge, Mayurbhanj at Baripada, the Petitioner ought to have moved before the learned District Judge, Baripada for transfer of proceeding, instead of approaching this Court in form of the present transfer petition.

7. Law is well settled that while dealing with transfer petition of matrimonial cases, the convenience of wife must be looked at. That apart, Section 24 of the CPC permits the parties to move before the High Court or the District Court at any stage of the proceeding for transfer of the said proceeding from one Court to the other Court.

8. The Supreme Court in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha , reported in 2022 SCC OnLine SC 1199, held as follows:-

“8. It is not disputed that the appellant is the resident of Chennai and that the appellant’s husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood. In order to attend the court proceedings of the case filed by her husband at Vellore she has to travel alone all the way from Chennai to Vellore as her parents are not in a position to accompany her on account of their old age. Secondly, the appellant has also filed a petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights and another petition, M.C. Sr. No.672 of 2021, for her maintenance before the Family Court at Chennai.

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