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

The petitioner-wife filed the transfer petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of C.P. No. 158 of 2026, a divorce proceeding instituted by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, from the Family Court, Puri, to the Family Court, Cuttack.

The husband entered appearance and consented to disposal of the petition at the admission stage.

It was stated that the husband was employed as an Electrical Engineer at SUM Hospital, Phulnakhara, Bhubaneswar, while the wife was employed at Sri Sri University, Munduli, Cuttack.

The wife further informed the Court that Cr.P. No. 163 of 2026, instituted by her, was pending before the Family Court, Cuttack.

Whether C.P. No. 158 of 2026 should be transferred from the Family Court, Puri, to the Family Court, Cuttack under Section 24 CPC, having regard particularly to the wife’s convenience and the circumstances of both parties?

Whether the parties should be permitted to appear through virtual mode when physical attendance is difficult, subject to the Court requiring their physical presence for effective hearings such as examination and cross-examination?

Whether the transferred matrimonial proceeding and the wife’s pending proceeding at Cuttack should be posted together for convenience and expeditious disposal?

The Court applied Section 24 of the Code of Civil Procedure, 1908, 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 should consider the economic circumstances, social background, standard of living, employment circumstances and overall convenience of both spouses; ordinarily, in the prevailing socio-economic context, the wife’s convenience should receive primary consideration.

The Court also relied on Chittaranjan Padhiary v. Jasmin Das, 2025 LiveLaw (Ori) 91, for the principle that parties stationed or working at different places may be permitted to appear through virtual mode where the interests of justice so require.

Such virtual appearance remains subject to the Court’s direction requiring physical presence for effective hearings, including examination and cross-examination of witnesses.

The Court considered the wife’s employment at Cuttack, her status as a working woman, and the general principle that the wife’s convenience is ordinarily entitled to weight in matrimonial transfer applications.

The transfer to Cuttack would also facilitate the wife’s pending proceeding, Cr.P. No. 163 of 2026, before the same Family Court and would enable both matters to be managed together, thereby serving the convenience of both parties.

Although the husband raised difficulty in attending the Cuttack proceedings because of his professional responsibilities, the Court addressed that concern by permitting either party to seek virtual appearance with the permission of the Family Court, while preserving the Court’s power to require physical attendance for effective hearings.

On the pleadings, submissions and settled legal principles, the Court concluded that the ends of justice favoured transfer.

The Family Court, Puri, was directed to transmit the record in C.P. No. 158 of 2026 to the Family Court, Cuttack, preferably within seven days of production of the certified judgment.

The Family Court, Cuttack, was directed to re-register the case if necessary, proceed in accordance with law, and endeavour to dispose of it expeditiously.

Both parties were permitted to seek appearance through virtual mode, subject to the Court’s permission and to directions requiring physical presence for effective hearings, including examination and cross-examination.

The Family Court, Cuttack, was requested to list C.P. No. 158 of 2026 and Cr.P. No. 163 of 2026 on the same date and proceed with them simultaneously.

The parties were directed to avoid unnecessary adjournments and cooperate in the early disposal of the proceedings.