Orissa HC Transfers Wife’s Matrimonial Case From Hindol To Kamakhya Nagar After Husband Raises No Objection

The wife petitioned under Section 24 of the Code of Civil Procedure, 1908, to transfer MAT Case No. 25 of 2025, pending before the Civil Judge (Senior Division), Hindol, to the Civil Judge (Senior Division), Kamakhya Nagar.

She submitted that she was deserted and had no independent income.

The husband, employed by a private company in Pune, did not oppose the transfer and requested permission to appear virtually when appropriate.

Section 24 CPC empowers the High Court to transfer proceedings between competent courts.

The Court also referred to the High Court of Orissa and District Courts Use of Electronic Communication and Audio-Video Electronic Means Rules, 2025 as the framework for virtual appearances.

The judgment refers generally to the “settled position of law” but identifies no particular precedent or further test.

The Court considered the wife’s stated circumstances, the pleadings and documents, and the husband’s express non-opposition. It therefore found it appropriate to allow the transfer.

Given the husband’s employment in Pune, the Court permitted either party to seek virtual appearance with the concerned court’s permission, while requiring physical attendance for effective hearings—including examination and cross-examination of witnesses—when ordered.

The Civil Judge (Senior Division), Hindol, was directed to transmit the record to the Civil Judge (Senior Division), Kamakhya Nagar, 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.

Virtual appearances may be allowed with the court’s permission under the 2025 Rules; physical attendance remains required for effective hearings when ordered.

The parties were directed to ascertain the next hearing date, avoid unnecessary adjournments, and cooperate in expeditious disposal.