Matrimonial proceedings may be transferred to accommodate a disabled spouse unable to travel.

The petitioner-husband filed a transfer petition under Section 24 of the Code of Civil Procedure seeking transfer of CP Case No. 152 of 2025 from the Family Court, Baripada, Mayurbhanj, to the Family Court, Deogarh.

The wife had earlier instituted MAT Case No. 7 of 2022 before the Family Court, Deogarh, which was dismissed for non-prosecution, and subsequently filed MAT Suit Case No. 248 of 2024 before the Civil Judge (Senior Division), Rairangpur, which was not entertained for want of jurisdiction.

The husband alleged that the wife, who was serving as a Sub-Inspector of Police at Rairangpur, had filed the Baripada proceeding to harass him.

He further stated that he was a resident of Deogarh, had more than 40% disability, and was unable to travel from Deogarh to Baripada for the proceedings.

The wife did not file a written objection and, through counsel, expressly stated that she had no objection to the transfer.

The Court applied Section 24 of the Code of Civil Procedure, which empowers the High Court to transfer or withdraw proceedings where transfer is warranted in the interests of justice and convenience.

The Court also applied the settled principle governing transfer of matrimonial and family proceedings, namely that the overall circumstances of the parties, including disability, distance, ability to attend proceedings, and the interests of justice, must be considered.

In facilitating appearances through video conferencing, the Court relied upon the Orissa High Court Video Conferencing for Courts Rules, 2020.

The Court considered the husband’s residence at Deogarh, his disability exceeding 40%, and his asserted difficulty in travelling to Baripada as relevant circumstances supporting transfer.

It also noted that the wife was posted as a Sub-Inspector at Rairangpur and that she had no objection to the requested transfer.

In light of the pleadings, the parties’ submissions, the wife’s consent, and the settled principles governing transfer under Section 24 CPC, the Court found the transfer justified in the interests of justice.

To balance convenience and prevent delay, the Court permitted virtual appearances where appropriate, while requiring physical presence for effective hearings such as examination and cross-examination of witnesses and conciliation, if directed by the Family Court.

The Family Court, Baripada, was directed to transmit the record in CP Case No. 152 of 2025 to the Family Court, Deogarh, preferably within seven days of production of the certified judgment.

The Family Court, Deogarh, was directed to re-register the case if necessary and endeavour to conclude it by the end of March 2027, after giving both parties due opportunity.

The parties were permitted to appear through virtual mode with the Court’s permission, subject to physical appearance when required for effective hearings.

They were further directed to ascertain the date and purpose of listing, avoid unnecessary adjournments, and cooperate for expeditious disposal.

The interim order dated 18 September 2025 was vacated, and the matter was disposed of.