IN THE HIGH COURT OF ORISSA, CUTTACK

TRP(C) No.280 of 2025

Swornalika Swain ….... Petitioner

-Versus-

Pabitra Mohan Lenka ....... Opposite Party

Advocate for the parties

For Petitioner : Mr. B. Das

Advocate

For Opposite Party : Ms. P. Jena

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.148 of 2025, now pending in the Court of learned Judge, Family Court, Kendrapara to the Court of learned Judge, Family Court-I, 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. Reiterating the grounds urged in the transfer petition, learned Counsel for the Petitioner submits, the Petitioner-Wife is now residing at Bhubaneswar and attending coaching classes to get a suitable job for her sustenance after her desertion. Hence, it would be difficult on her part to cover such a long distance from Bhubaneswar to Kendrapara to attend the day to day proceeding in C.P. No.148 of 2025 at Kendrapara.

5. Learned Counsel for the Petitioner further submits, Cr.P. No.53 of 2025 is now subjudice before the Court of learned Judge, Family Court-I, Bhubaneswar at the instance of the Petitioner-Wife.

6. Learned Counsel for the Opposite Party-Husband submits, as per the instruction received, her client has no objection to such prayer for transfer of the said proceeding to Bhubaneswar. She further submits, since the Opposite Party- Husband is now unemployed and staying at Kendrapara, having no income, it would be difficult on his part to attend the day to day proceeding at Bhubaneswar. Hence, he be permitted to appear through virtual mode, in case he faces any difficulty to participate in the proceeding physically before the learned Judge, Family Court-I, Bhubaneswar in C.P. No.148 of 2025, after the same is transferred to the said Court.

7. 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.

8. 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)

9. In view of the grounds urged in the transfer petition so also the settled position of law, the prayer for transfer of C.P. No.148 of 2025