The court established that the convenience of the wife is the foremost consideration in transferring matrimonial proceedings, supported by relevant socioeconomic factors.

JUDGMENT :

S.K. MISHRA, J.

1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. Case No.262 of 2025, now pending in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Puri, on the grounds detailed in the transfer petition.

2. Opposite Party-Husband, on being noticed, has filed an objection opposing to such prayer for transfer.

3. Since pleadings are complete, on consent of the learned Counsel for the Parties, the matter is taken up for hearing and disposal at the stage of admission.

4. Heard learned Counsel for the Parties.

5. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner-Wife is a deserted lady. After her desertion, she is staying with her parents at Puri with her minor daughter namely, Maheswari @ Munmun Patra, who is only 10 years old and is mentally immature from her childhood and is under treatment. As she is mentally immature, currently she is studying in Class-UKG at Puri.

6. That apart, at present the parents of the Petitioner are looking after her and her minor daughter .However, they are not in a position to accompany her to attend the Court proceeding at Bhubaneswar. The distance from Puri to Bhubanewar is around 50 K.Ms. There is no male member to accompany her to travel such a long distance. That apart, it will be difficult on her part to attend the day to day proceeding at Bhubaneswar leaving her minor daughter at Puri.

7. Further, at her instance, Cr.P. No.26 of 2025 is now pending before the learned Judge, Family Court, Puri for maintenance. On being noticed, the Opposite Party-Husband has appeared and is participating in the said proceeding.

8. Learned Counsel for the Petitioner further submits, as per the settled position of law, so far as transfer of matrimonial disputes, the convenience of the wife is the paramount consideration. He further submits, since the Opposite Party-Husband is appearing before the learned Judge, Family Court, Puri and contesting Cr.P. No.26 of 2025, it would be convenient for both the parties, if the proceeding is transferred to the Court of learned Judge, Family Court, Puri.

9. Learned Counsel for the Opposite Party-Husband submits, he has objection to such prayer, as the Opposite Party has some medical issues, he would be unable to travel to Puri to attend the day to day proceeding in C.P. Case No.262 of 2025, if it is transferred to Puri. Learned Counsel for the Opposite Party-Husband further submits, if this Court is inclined to allow the prayer for transfer, the Opposite Party be permitted to appear through virtual mode.

10. Law is well settled that, while dealing with the application for transfer of matrimonial proceedings, the Court has to examine various factors and the most important factor is convenience of wife.

11. At this juncture, it would be apt to deal with the Judgment of the Supreme Court reported in 2022 SCC Online SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), wherein it was held as follows:-

“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 behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out th