The convenience of the wife is paramount in matrimonial cases, necessitating the transfer of proceedings to ensure cohesive judicial handling of interrelated family matters.

ORDER :

1. This application has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of C.P. No. 48 of 2021 filed under Section 22 of the Special Marriage Act, 1954 read with Section 7 of the Family Court Act by the opp. party-husband for restitution of conjugal rights, in the Court of learned Judge, Family Court, Rourkela to the Court of learned Judge, Family Court, Bhubaneswar.

TRP(C) No. 235 of 2022 has been filed by the petitioner-wife under Section 24 of C.P.C. for transfer of C.P. No. 128 of 2022 filed by the opp. party-husband under Section 25 of the Guardian & Wards Act 1890, in the Court of learned Judge, Family Court, Rourkela, to the Court of learned Judge, Family Court, Bhubaneswar, which is listed today along with this TRP(C) and is also disposed of today by a separate order.

2. Vide order dated 08.09.2022, the matter was referred for mediation to the Orissa High Court Mediation Centre. The Mediator has submitted an interim report dated 27.09.2022 informing that the next date of meditation was 12.10.2022. Today, in TRP(C) No. 235 of 2022, Mr. Parida, learned counsel for the petitioner has filed the copy of the mediation report dated 12.10.2022 along with a memo. The mediator has inter alia reported that the mediation became unsuccessful. As mediation has failed, the two TRP(C) s are taken up for final disposal on the consent of the counsels.

3. Mr. B. Parida, learned counsel for the petitioner- wife submits that the parties had fallen in love and their marriage was arranged and solemnized before friends and relatives in the Rourkela Club on 10.02.2012. The parents of the petitioner had fulfilled the demands made at the time of marriage. But soon after her marriage she was tortured at Rourkela the place of her in laws as well as at her husband9s workplace in Jharsuguda. They demanded Rs 5 lakhs more as dowry. Their son was born on 23.08.2014. But the opposite party continued to harass her. The parties stayed in Bhubaneswar between 2015 to 2016, but the opposite party left her and son and went back to Rourkela. She has lodged FIR against him at the Uditnagar Police Station. She has filed C.P.No. 134 of 2019 against him for divorce, permanent alimony and maintenance of their son, in the Court of the learned Judge, Family Court, Bhubaneswar, where he has appeared and filed written statement dated 06.07.2019. Thereafter in order to harass her, he has filed C.P.No, 48 of 2021 in the Court of the learned Judge, Family Court, Rourkela for restitution of conjugal rights. During pendency of the present TRP (C), the opposite party has filed C.P.No. 128 of 2022 in the Court of the learned Judge, Family Court, Rourkela claiming custody of their son and for transfer of the C.P. to Bhubaneswar, she has filed TRP (C) No. 235 of 2022 which is listed today. The petitioner and her minor son are residing in Bhubaneswar with her parents and as she has no independent source of income, they are dependent on her parents. As the distance between Rourkela and Bhubaneswar is more than 400 kms., it would be inconvenient for her to go to Rourkela to attend the case. That apart, C.P. No. 134 of 2019 filed by her for divorce is pending in the Court of learned Judge, Family Court, Bhubaneswar in which the opposite party-husband has appeared, so no inconvenience will be caused to him if C.P. No. 128 of 2022 is also transferred to the Court of learned Judge, Family Court, Bhubaneswar. Both cases should also be heard together by the same judge, to prevent contradictory decisions as the parties and the