IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.235 of 2024

Ayesha Rafiqe ….... Petitioner

-Versus-

Abdul Ashad ....... Opposite Party

Advocate for the parties

For Petitioner : Mr. B.P. Mohanty

Advocate

For Opposite Party : Mrs. K.P. Mukhi

Advocate

...................

CORAM: JUSTICE SANJAY KUMAR MISHRA

Date of Hearing & Judgment : 17.11.2025

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S.K. MISHRA, J.

1. This transfer petition has been preferred by the Petitioner-Wife for transfer of proceeding in C.P. No.42 of 2024, now pending in the Court of learned Judge, Family Court, Kendrapara, to the Court of learned Judge, Family Court,

Bhubaneswar on the grounds detailed in the transfer petition.

2. Though the Opposite Party-Husband has appeared, no written objection has been filed till date opposing to such prayer for transfer. However, on consent of the learned

Counsel for the Parties, the matter is taken up for hearing and disposal at the stage of admission.

3. Heard learned Counsel for the parties.

4. Learned Counsel for the Petitioner, reiterating the grounds urged in the transfer petition, submits that the Petitioner being a deserted lady, having no income, is at present staying with her parents at Bhubaneswar. Further, in view of the settled position of law, the prayer made in the transfer petition deserves to be allowed.

5. On being asked, learned Counsel for the Opposite Party submits, as per the instruction received, she has no objection to the prayer made in the transfer petition. However, the Opposite Party-Husband be permitted to appear through Virtual Mode in case he faces any difficulty to appear physically before the Court of learned Judge, Family Court, Bhubaneswar, after C.P. No.42 of 2024 is transferred to the said Court. That apart learned Judge, Family Court, Bhubaneswar be directed to conclude the proceeding in C.P. No.42 of 2024 within a stipulated period.

6. 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.

7. At this juncture, it would be apt to deal with the Judgment of the Supreme Court reported in 2022 SCC Online SC 1199 (N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha), wherein it was 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 socioeconomic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer

10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”

(Emphasis Supplied)

8. So far as the submission made by the learned Counsel for the Opposite Party-Husband to permit his client to appear through Virtual Mode before the Court of learned Judge, Family Court, Bhubaneswar, in a recent Judgment, reported in 2025 Live Law (Ori) 91 (Chittaranjan Padhiary & ors. Vs. Jasmin Das) this Court permitted the parties to appear through virtual mode with the following observations:

“However, in view of the reasons detailed in the forgoing paragraphs, this Court is of the view that interest of jus