In matrimonial proceedings, the convenience of the wife is a primary consideration for transferring cases between jurisdictions.

JUDGMENT :

S.K. MISHRA, J.

1. This transfer petition has been filed by the Petitioner- wife for transfer of C.P No.297 of 2023 filed by the Opposite Party- husband, pending in the Court of learned Family Judge, Puri, to the Court of learned Family Judge, Rourkela 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, the Petitioner-wife is a deserted lady. After her desertion, she is staying with her parents at Rourkela in the district of Sundargarh and is facing financial crisis having no source of income for her own maintenance as well as for the maintenance of her male minor child. The distance from Rourkela to Puri would be around 400 K.Ms. It would be difficult on her part to attend the day-to-day proceeding at Puri by ignoring proper care of her male child, who was around 10 months old at the time of filing of the present transfer petition. That apart, she is apprehending danger to her life, if she appears before the Court of learned Judge, Family Court, Puri. Accordingly, learned Counsel for the Petitioner prays for transfer of the proceeding in C.P. No.297 of 2023 to the Court of learned Family Judge, Rourkela.

4. Learned Counsel for the Opposite Party-husband submits, he has no objection to the prayer for transfer. As C.P. No.297 of 2023 is pending since 2023, it may be targeted. He further submits, if this Court intends to allow the prayer made in this transfer petition, his client be permitted to appear through virtual mode, if required.

5. Law is well settled that in matrimonial proceedings, convenience of the wife must be looked at. In N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha , reported in 2022 SCC OnLine SC 1199 , the Supreme Court 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 socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”

(Emphasis supplied)

6. However, after going through the pleadings made in the transfer petition so also taking note of the contentions of the learned Counsel for the parties and the settled position of law, this Court is inclined to allow the prayer made in the transfer petition.

7. The learned Family Judge, Puri is directed to transmit the case record in C.P No.297 of 2023 to the Court of learned Family Judge, Rourkela at the earliest, preferably within a period of one week from the date of production of certified copy of this judgment.

8. On receiving the case record in C.P No.297 of 2023 from the Court of learned Family Judge, Puri, the Court of learned Family Judge, Rourkela shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties

9. For convenience of the parties, the Court of learned Family Judge, Rourkela is requested to explore the facilities of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Vi