IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.305 of 2023 Shubham Naik …. Petitioner Mr. B. Sahoo, Advocate -versus- Spanditarani Patel …. Opposite Party Mr. S. Pattanaik, Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 28.10.2025 10. This matter is taken up through hybrid mode. 2. This Transfer Petition has been filed by the Petitioner- husband for transfer of the proceeding in C.P. No.524 of 2023, now pending in the Court of learned Judge, Family Court, Bhubaneswar, to the Court of learned Judge, Family Court, Jharsuguda, solely on the ground that the Opposite Party-wife is at present residing in Dubai (UAE) and the Petitioner-husband is residing in Australia. But both the parties are permanent residents of Sundargarh. If the case pending at Bhubaneswar is transferred to Jharsuguda, it will be convenient for both the parties so also their family members to appear before the learned Judge, Family Court, Jharsuguda. 3. A detailed Counter has been filed by the Opposite Party- wife opposing to the prayer made in the transfer petition on the ground that since, after their marriage, both of them resided at Bhubaneswar, she has rightly preferred C.P. No.524 of 2023 before the learned Judge, Family Court, Bhubaneswar. Page 2 of 3 4. That apart, learned Counsel for the Opposite Party-wife submits, since both the parties are at present stationed at out of the Country, having better air service to Bhubaneswar, which is the State Capital, it would be convenient for both the parties, if the proceeding continues before the learned Judge, Family Court, Bhubaneswar. 5. Law is well settled that while considering application for transfer of matrimonial proceedings, convenience of the wife must be looked at. In this regard, in a recent judgment in N.C.V. Aishwarya Vs. A.S. Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199, the Supreme Court held as follows: “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” (Emphasis Supplied) 6. After hearing the learned Counsel for the parties, in view of the reasons detailed above, this Court is not inclined to allow the prayer made in the transfer petition. 7. Page 3 of 3 Accordingly, the transfer petition stands dismissed. 8. However, keeping in view the admitted facts on record, both the Petitioner as well as Opposite Party are permitted to appear before the learned Judge, Family Court, Bhubaneswar through virtual mode, if it is so required. 9. The learned Judge, Family Court, Bhubaneswar is requested to explore the facility of Video Conferencing available in the said Court and permit the parties to appear before him through virtual mode following due procedure, as prescribed under the Orissa High Court Video Conferencing for Courts Rules, 2020, if so prayed for. 10. However, it is made clear that, on the dates of effective hearing i.e. for examination and cross-examination of witnesses and other purposes, for which their presence may be required by the Court below and if it is so ordered, the parties shall remain physically present before the learned Judge, Family Court, Bhubaneswar. 11. Since C.P. is of the year 2023, to avoid delay, the parties are directed not to ask for unnecessary adjournments and cooperate with the learned Judge, Family Court, Bhubaneswar, who shall do well to conclude the proceeding at the earliest, preferably within a period of six months from the date of production of the certified copy of this order. 12. Interim order dated 08.01.2024 passed in I.A. No.322 of 2023 stands vacated. 13. Urgent certified copy of this order be granted on proper application as per rules. Kanhu (S. K. MISHRA) JUDGE Designation: Junior Stenographer Location: High Court of Orissa, Cuttack. Date: 29-Oct-2025 19:20:09