In matrimonial transfer proceedings, courts must ordinarily prioritize the wife’s convenience.

The petitioner-wife sought transfer of C.P. No. 43 of 2026, pending before the Judge, Family Court, Dhenkanal, to the Family Court, Angul.

She stated that, after being deserted, she was residing with her parents at Anugola, approximately 60 kilometres from Dhenkanal, had no independent means of livelihood, and would face difficulty in meeting travel and litigation expenses.

The opposite party-husband was employed with HDFC Bank at Phool Bagan Branch, Kolkata, earning approximately ₹60,000 per month, and was therefore financially better placed to attend proceedings at Angul.

Notice was treated as served on the husband on 12 August 2026 through postal tracking, but he remained unrepresented.

The Court accordingly proceeded ex parte and heard the transfer petition.

Whether the matrimonial proceeding in C.P. No. 43 of 2026 should be transferred from the Family Court, Dhenkanal, to the Family Court, Angul, considering the petitioner-wife’s convenience and financial circumstances.

Whether the parties, particularly the husband posted outside Odisha, could be permitted to appear through virtual mode to facilitate the expeditious disposal of the matrimonial proceeding.

The Court applied the principles governing transfer under Section 24 of the Code of Civil Procedure, 1908, under which transfer is justified where the ends of justice so require.

In matrimonial matters, courts must consider the parties’ economic condition, social circumstances, standard of living, behavioural circumstances, and the manner in which each party sustains themselves; generally, the wife’s convenience is to be given due consideration. This principle was drawn from N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, 2022 SCC OnLine SC 1199.

The Court also relied on Chittaranjan Padhiary v. Jasmin Das, 2025 LiveLaw (Ori) 91, for permitting parties stationed or serving at different places to appear through virtual mode in the interests of justice.

The Court found that the petitioner-wife was dependent on her parents, lacked independent means of livelihood, and would face hardship in travelling approximately 60 kilometres to Dhenkanal and bearing the associated litigation expenses.

Conversely, the husband was employed and financially secure, and was posted at Kolkata, making it comparatively less burdensome for him to participate in proceedings at Angul.

Applying the settled principle that the wife’s convenience ordinarily receives priority in matrimonial transfer matters, the Court concluded that transfer to Angul would better serve the ends of justice.

Since the husband was posted outside Odisha, the Court further considered virtual appearance an appropriate procedural accommodation, while preserving the Family Court’s power to require physical presence for effective hearings, including examination and cross-examination of witnesses.

The Family Court, Dhenkanal, was directed to transmit the record in C.P. No. 43 of 2026 to the Family Court, Angul, preferably within seven days of production of the certified judgment.

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

The husband was permitted to seek appearance through virtual mode, and both parties could seek such permission where physical appearance was difficult, subject to the Court requiring physical presence for effective hearings.

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

The interim order dated 27 July 2026 was vacated, and the transfer petition was disposed of.