In matrimonial transfer applications, the wife's convenience and socio-economic context are paramount considerations, following the principles established in relevant case law.

JUDGMENT :

S.K. MISHRA, J.

1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.307 of 2024, now pending in the Court of learned Judge, Family Court, Jagatsinghpur to the Court of learned Judge, Family Court, Dhenkanal, on the grounds detailed in the transfer petition.

2. The Opposite Party-Husband has filed a Counter opposing to such prayer for transfer. 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.

3. Heard learned Counsel for the Parties.

4. 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 Bhuban, which will be nearer to the Court of learned Judge, Family Court, Dhenkanal. He further submits, the distance from Bhuban to Jagatsinghpur is around 140 K.Ms. Also there is a life threat to her if she attends the court proceeding at Jagatsinghpur. She being a helpless lady, having no source of income, now she is completely dependent upon her old father. It would be difficult on her part to attend the day to day proceeding at Jagatsinghpur.

5. Mr. Panigrahi further submits, though it has not been averred in the transfer petition , D.V. Misc. Case No.53 of 2023 is now pending at the instance of the Petitioner-Wife before the learned JMFC, Bhuban. Being noticed, the Opposite Party-Husband has appeared and is contesting the said case at Bhuban. Since there is no Family Court at Bhuban, if the matter is transferred to the Court of learned Judge, Family Court, Dhenkanal, it will be nearer to Bhuban and convenient on her part to attend the proceeding at Dhenkanal.

6. Per contra, learned Counsel for the Opposite Party submits, father of the Petitioner is a financially affluent person. The brother of the Petitioner is serving in Mumbai as a software engineer. She also submits, there is a good source of earning from cultivation from their agriculture land. As the family of the Petitioner is well established, there is no financial constraint on the part of the Petitioner to contest the case at Jagatsinghpur. That apart, if the Petitioner has any difficulty to appear before the learned Judge, Family Court, Jagatsinghpur she may move an application seeking leave of the Court to permit her to appear through virtual mode.

7. 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.

8. 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 their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer (Emphasi