Matrimonial proceeding transferred to another Family Court at the wife’s request.

The petitioner-wife sought transfer under Section 24 of the Code of Civil Procedure of CP No.77 of 2026, pending before the Family Court, Bhadrak, to the Family Court, Cuttack, on grounds set out in her petition.

The opposite party-husband did not appear despite service of notice on his father and subsequent service of the Court’s order on his counsel appearing in the matrimonial proceeding.

The High Court heard the petitioner’s counsel and disposed of the transfer petition in the husband’s absence.

Whether CP No.77 of 2026 should be transferred from the Family Court, Bhadrak, to the Family Court, Cuttack under Section 24 CPC.

Whether directions concerning the conduct and progression of the transferred proceeding were warranted.

Section 24 of the Code of Civil Procedure empowers the High Court to transfer a proceeding between competent courts.

The Court also referred generally to the “settled position of law” but identified no particular precedent or further legal test in the judgment.

It directed that the transferred proceeding continue in accordance with law, with due opportunity to both parties.

Having considered the grounds stated in the transfer petition and the settled legal position, the Court allowed the requested transfer; it did not set out a detailed assessment of individual grounds or identify a specific precedent.

To facilitate the proceeding, it directed prompt transmission of the record, re-registration if required, and early disposal with due opportunity to both parties.

It also permitted virtual appearances with the Court’s permission, while requiring physical attendance for effective hearings and other proceedings when ordered.

The Family Court, Bhadrak, was directed to transmit the record to the Family Court, Cuttack, preferably within seven days of production of a certified copy; the receiving court was directed to proceed in accordance with law and endeavour to conclude the case promptly.

The parties were directed to ascertain the posting details, avoid unnecessary adjournments, and cooperate; the interim order in I.A. No.187 of 2026 was vacated, and the application was disposed of.