In matrimonial transfer petitions, the convenience of the wife is paramount, and related proceedings should be consolidated to avoid conflicting decisions.

JUDGMENT :

S.K. MISHRA, J.

1. TRP(C) No.139 of 2025 has been filed by the Petitioner- Wife for transfer of proceeding in C.P. No.60 of 2025 filed by the Opposite Party-Husband under section 13 of the HINDU MARRIAGE ACT , 1955 for decree of divorce, now pending in the Court of learned Judge, Family Court, Dhenkanal, to the Court of learned Family Court, Deogarh.

2. TRPCRL No.82 of 2025 has been filed by the Petitioner- Husband for transfer of proceeding in Cr.P.C No.37 of 2024 initiated by the Opposite Party-Wife under section 144 of BNSS for maintenance, now pending in the Court of learned Judge, Family Court, Deogarh, for transfer of the said proceeding to the Court of learned Judge, Family Court, Dhenkanal.

3. Similarly TRP(C) No.163 of 2025 has also been filed by the Petitioner-Husband for transfer of proceeding in C.P. No.12 of 2024 filed by the Opposite Party-Wife under section 9 of HINDU MARRIAGE ACT , 1955 for Restitution of Conjugal Rights, now pending in the Court of learned Judge, Family Court, Deogarh, to the Court of learned Judge, Family Court, Dhenkanal.

4. In all the three transfer petitions, which are on board, the parties being same and the issues pertaining to these transfer petitions, being common, are taken up together for hearing and final disposal vide this common judgment.

5. Heard learned Counsel for the parties.

6. Both the learned Counsels for the wife as well as husband, reiterating their respective grounds urged in the transfer petitions, advanced their arguments to justify the prayers made in their respective transfer petitions.

7. Admittedly, at the instance of the Wife namely, Manaly Pani, two proceedings, i.e., Cr.P.C. No.37 of 2024 filed under section 144 of BNSS for maintenance so also C.P. No.12 of 2024 filed by her under section 9 of the HINDU MARRIAGE ACT , 1955 for Restitution of Conjugal Rights are pending in the Court of learned Judge, Family Court, Deogarh.

8. It is further admitted that, after getting notice in the said proceedings, the Petitioner-Husband has filed C.P. No.60 of 2025 under section 13 of the HINDU MARRIAGE ACT , 1955 for decree of divorce before the Court of learned Judge, Family Court, Dhenkanal.

9. The Petitioner-Wife in TRP(C) No.139 of 2025 has prayed for transfer of proceeding in C.P. No.60 of 2025 from the Court of learned Judge, Family Court, Dhenkanal to the Court of learned Judge, Family Court, Deogarh on the grounds that two of the proceedings, as detailed above, are at present pending before the Court of learned Judge, Family Court, Deogarh, which were preferred prior to C.P. No.60 of 2025 filed by the Opposite Party- Husband for decree of divorce before the Court of learned Judge, Family Court, Dhenkanal.

10. That apart, further grounds have been urged in TRP(C) No.139 of 2025 that the Petitioner-wife is a deserted lady and having no male member in her family to accompany her on each and every date of posting to attend the proceeding at Dhenkanal. After her desertion she is staying with her parents at Deogarh and is dependent on the income of her father for her livelihood, who is an old and ailing person and is suffering from various diseases. The distance from Deogarh to Dhenkanal would be around 190 K.Ms. and there is no direct communication from Dhenkanal to Deogarh to travel after the Court hours. It is further stated that, if the Wife is asked to appear before the learned Judge, Family Court, Dhenkanal, she will be subjected to