The convenience of the wife is paramount in deciding transfer petitions for matrimonial proceedings, prioritizing her ability to engage effectively with legal processes amidst financial and logistical challenges.

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.857 of 2024, pending in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Baripada on the grounds detailed in the transfer petition.

2. The Opposite Party-Husband, being noticed, has filed a Counter Affidavit opposing to such prayer for transfer. Apart from denying the grounds urged in the transfer petition, it has been stated in the Counter that the Petitioner is capable to bear the legal expenditure and defend her case before the learned Judge, Family Court, Bhubaneswar.

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. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits that the Petitioner-Wife is a deserted lady. After her desertion, she is staying with her brother and old and ailing mother at Baripada. Having no source of income, she is dependent on her brother, who is also unable to bear her maintenance so also litigation expenses. After her desertion, because of the financial constraints, though she has preferred an application under section 144 of BNSS , 2023 before the learned Judge, Family Court, Baripada, which has been registered as Cr.P. No.23 of 2025, being noticed, the Opposite Party-Husband has appeared in the said case and is contesting the said proceeding at Baripada. Till date no order has been passed in the said proceeding, directing the Opposite Party-husband to pay maintenance to her.

4.1. Learned Counsel for the Petitioner further submits, despite such financial constraints, with much difficulty, she is paying her lawyer to conduct Cr.P. No. 23 of 2025. That apart, again she had to incur further legal expenditure to defend her case in C.P. No.857 of 2024, now pending before the learned Judge, Family Court, Bhubaneswar, at the instance of the Opposite Party- Husband. It is becoming very difficult on her part to bear legal expenditure in both the proceedings at Baripada so also at Bhubaneswar. That apart, the distance from Baripada to Bhubaneswar is around 300 KMs. It would be difficult on her part to attend the day to day proceeding in C.P. No.857 of 2024 at Bhubaneswar to defend her case effectively in the said proceeding.

5. Per contra, learned Counsel for the Opposite Party-Husband, drawing attention of this Court to the averments made in para 12 of the Counter Affidavit submits, as per the instruction received, the Petitioner-Wife, at present, is doing a private job at Bhubaneswar and she is very much capable to afford the legal expenditure to attend the proceeding at Bhubaneswar and to defend her case effectively in the said proceeding.

6. However, a query being made, learned Counsel for the Opposite Party-Husband submits, he has no instruction as to in which organization the Petitioner is allegedly serving and where she is staying now at Bhubaneswar. That apart, since she is allegedly staying with her brother, he would be able to accompany her to attend the day to day proceeding at Bhubaneswar in C.P. No.857 of 2024.

7. Even though, a stand has been taken in the Counter Affidavit that the Petitioner is allegedly serving so also staying somewhere in Bhubaneswar, but the Opposite Party has failed to provide comprehensive and accurate information to substantiate the stand taken in the Counter Affidavit.

8. Hence, this Court is not inclined to accept such a plea of the Opposite Party-Husband taken in the Counter Affidavit.

9. That apart, at the instance of the Petitioner-wife, Cr.P. No.23 of 2025 is now pending before the learned Judge, Family Court, Baripada.

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 junc