Courts must generally prioritize the wife’s convenience when transferring matrimonial proceedings.

The petitioner-wife filed a transfer petition under Section 24 of the Code of Civil Procedure, seeking transfer of CP Case No. 588 of 2025, pending before the Family Court, Bhubaneswar, to the Family Court, Kataka.

She contended that, after being deserted, she was residing with her sister-in-law at Village Gabhilo/Gobhilo, had no income, and was dependent on her sister-in-law for sustenance.

She further submitted that appearing at Bhubaneswar would impose financial and practical hardship, including the inability to engage counsel there, whereas transfer to Kataka would facilitate legal assistance through her sister-in-law, who was a practising advocate.

The husband opposed the transfer, arguing that the distance from the wife’s residence to Bhubaneswar was approximately 27 kilometres and to Kataka approximately 25 kilometres, and therefore she would suffer no prejudice by attending proceedings at Bhubaneswar.

He further contended that, being a railway employee posted at Bhubaneswar and residing at Jatani, transfer to Kataka—approximately 50 kilometres away—would cause him difficulty in attending proceedings and require frequent leave.

The pleadings being complete, the petition was heard and disposed of at the admission stage by consent.

Whether CP Case No. 588 of 2025 pending before the Family Court, Bhubaneswar ought to be transferred to the Family Court, Kataka under Section 24 CPC, having regard particularly to the petitioner-wife’s convenience and financial circumstances?

Whether the inconvenience asserted by the husband, arising from his employment and residence at Jatani, outweighed the hardship pleaded by the wife?

The Court applied Section 24 of the Code of Civil Procedure, under which proceedings may be transferred where the ends of justice so require.

In matrimonial transfer matters, the Court relied on N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199, holding that courts must consider the parties’ economic condition, social circumstances, standard of living, means of livelihood, and the circumstances under which they are sustaining themselves; ordinarily, given the prevailing socio-economic conditions in India, the convenience of the wife should be given primary consideration.

The Court considered the wife’s lack of income, dependence on her sister-in-law, and asserted inability to bear the recurring travel and legal expenses associated with contesting the case at Bhubaneswar.

Although the husband relied on the comparable distance between the wife’s residence and the two courts, the Court treated physical distance as only one aspect of convenience and assessed the broader economic and practical circumstances of the parties.

Applying the principle that the wife’s convenience generally receives precedence in matrimonial transfer matters, the Court found the wife’s financial vulnerability and need for accessible legal assistance to outweigh the husband’s claimed inconvenience arising from his posting and residence.

The transfer was accordingly considered necessary in the interests of justice.

CP Case No. 588 of 2025 was directed to be transferred from the Family Court, Bhubaneswar, to the Family Court, Kataka, with the Bhubaneswar court directed to transmit the record preferably within seven days of production of the certified judgment.

The Family Court, Kataka was directed to re-register the case, if necessary, proceed in accordance with law, provide both parties due opportunity, and endeavour to conclude the matter expeditiously.

Both parties were permitted, with the court’s permission, to appear through virtual mode where physical attendance was difficult, although physical presence was required for effective hearings such as examination and cross-examination of witnesses.

The parties were directed to ascertain the listing details, avoid unnecessary adjournments, and cooperate for early disposal.

The interim order dated 21 August 2025 was vacated, and the petition was disposed of accordingly.