Matrimonial proceedings may be transferred for the wife’s financial hardship and disabled-child care responsibilities.

The petitioner-wife filed a petition under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of C.P. No.459 of 2025 from the Court of the Judge, Family Court-I, Bhubaneswar, to the Court of the Judge, Family Court, Jagatsinghpur.

She claimed that, after being deserted, she was residing with her parents at Balisahi under Balikuda Police Station, Jagatsinghpur, along with her mentally retarded child; that she had no independent income and depended on her parents for livelihood and medical expenses.

She also stated that her maintenance proceeding, Criminal Misc. Case No.59 of 2025, was pending before the Family Court, Jagatsinghpur, where the husband had already appeared.

The wife contended that travelling to Bhubaneswar on every date would be financially and practically difficult, particularly because of the child’s need for constant care, and alleged apprehension of threats and manhandling by the husband.

The husband disputed her claim that she was residing with her parents, relying on her alleged admission during cross-examination that she was staying in a rented house at Bhubaneswar.

Nevertheless, he stated that he had no objection to the transfer, subject to being permitted to appear through virtual mode where physical appearance was difficult.

The petition was heard and disposed of at the admission stage with consent of counsel.

Whether C.P. No.459 of 2025 should be transferred under Section 24 CPC from the Family Court-I, Bhubaneswar, to the Family Court, Jagatsinghpur, having regard to the wife’s financial circumstances, caregiving responsibilities, and the convenience of the parties?

Whether appropriate directions should be issued to facilitate the husband’s appearance through virtual mode and to coordinate the transferred proceeding with the pending maintenance proceeding at Jagatsinghpur?

The Court applied Section 24 of the Code of Civil Procedure, 1908, which empowers the High Court to transfer or withdraw any suit, appeal, or other proceeding pending before a subordinate court where the interests of justice so require.

In exercising this discretionary power, the Court considered the relative convenience and hardship of the parties, the wife’s lack of income, her responsibility for a dependent child, the location of the connected maintenance proceeding, and the absence of prejudice to the husband.

The Court also applied the procedural principle that parties may be permitted to appear through video conferencing with the court’s permission, except where their physical presence is specifically required, such as for examination or cross-examination of witnesses.

The Court accepted that the wife’s asserted financial incapacity, responsibility for a mentally retarded child requiring constant care, and the pendency of the connected maintenance proceeding at Jagatsinghpur constituted relevant considerations in favour of transfer.

Although the husband disputed the wife’s place of residence, he expressly stated that he had no objection to the transfer.

The Court further noted that the husband was already participating in the maintenance proceeding at Jagatsinghpur and therefore would not be materially prejudiced by having the matrimonial proceeding heard there as well.

Balancing the parties’ convenience and the interests of justice, the Court directed transfer and provided for virtual appearance where appropriate.

The Family Court-I, Bhubaneswar, was directed to transmit the record in C.P. No.459 of 2025 to the Family Court, Jagatsinghpur, preferably within seven days of production of the certified judgment.

The Jagatsinghpur Family Court was directed to re-register the case if necessary, proceed in accordance with law, and, as far as practicable, list it alongside Criminal Misc. Case No.59 of 2025 for simultaneous progress.

Both parties were permitted to seek appearance through virtual mode with the court’s permission, while physical presence could be required for effective hearings, including examination and cross-examination of witnesses.

The parties were directed to ascertain the posting details themselves or through counsel, avoid unnecessary adjournments, and cooperate for early disposal.