In matrimonial proceedings, the convenience of the wife is paramount and should be considered when granting transfer petitions related to divorce cases.

JUDGMENT :

S.K. MISHRA, J.

1. The present Transfer Petition has been preferred by the Petitioner-wife for transfer of C.P. No.636 of 2023, preferred by the Opposite Party-husband for divorce, from the Court of learned Judge, Family, Cuttack to the Court of learned Judge, Family Court, Khurda on the grounds detailed in the Transfer Petition.

2. As the Transfer Petition was presented on 07.12.2023 and no interim order has been passed till date staying the further proceeding in C.P. No.636 of 2023, on being directed vide order dated 12.02.2026, the learned Judge, Family Court, Cuttack, vide Letter No.169 dated 09.03.2026, has reported that C.P. No.636 of 2023 is posted to today for hearing as last chance.

3. On being asked, learned Counsel for the Opposite Party, who is the Petitioner in C.P. No.636 of 2023, submits that today his client has moved an application in the said C.P. seeking time to file affidavit evidence.

4. Though the matter is pending since 2023, no written objection has been filed till date opposing the prayer made in the Transfer Petition. However, on consent of learned counsel for the parties, the Transfer Petition is taken up for hearing at the stage of admission, permitting the learned Counsel for the Opposite Party to have his oral objections, if any, to the prayer made in the Transfer Petition.

5. Learned counsel for the Petitioner, reiterating the grounds urged in the Transfer Petition submits, at the instance of the Petitioner-wife CRP No.209 of 2023 was preferred under Section 125 of Cr.P.C., which is pending in the Court of learned Judge, Family Court, Khordha. Similarly, at the instance of the Petitioner- wife ICC Case No.105 of 2023, under Sections 323 /498(A)/294/354/34 of IPC read with Section 4 of the D.P. Act, was filed in the Court of learned S.D.J.M., Khordha, which is pending. In both the cases, the Opposite Party, being noticed, has appeared and is contesting the said cases at Khordha. That apart, the Petitioner has a breast feeding child and after her desertion, she is staying at her parental house at Khordha and dependant on her parents for her so also livelihood of her minor child. That apart, there is no male member to accompany her to attend the day to day Court proceeding at Cuttack. The Petitioner is an Asthma patient and she is suffering from different ailments. She has been advised by the Doctor not to go outside and not to be exposed, which may lead to dust allergy. He further submits that, as per settled position of law, in matrimonial proceedings convenience of the wife must be looked at.

6. Per contra, learned counsel for the Opposite Party submits, though the transfer petition is pending since 2023, no order of stay has been passed by this Court till date and the C.P. is ready for hearing. Hence, at this stage, no order should be passed for transfer of the proceeding in C.P. No.636 of 2023 from Cuttack to Khordha, as prayed for. He further submits, if the Petitioner has any difficulty, she may move appropriate application before the Court below to permit her to appear through virtual mode.

7. Law is well settled that in matrimonial proceeding convenience of the wife must be looked at. In the case of ( 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