1 THE HON’BLE SRI JUSTICE V. GOPALA KRISHNA RAO TRANSFER CIVIL MISCELLANEOUS PETITION No.64 of 2025 ORDER: The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, (for short ‘the C.P.C.’) seeking to withdraw the F.C.O.P.No.185 of 2024 on the file of the Judge, Family Court, Kadapa, Y.S.R. District and transfer the same to the Senior Civil Judge, Dhone, Kurnool District, for trial. 2. The case of the petitioner in brief is as follows: I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was solemnized on 06.05.2022, at Sri Sapthagiri Kalyana Mandapam, Kadapa, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner and the respondent were blessed with a male child. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her child aged about 3 years at her parents’ house at Bethamcherla Town, Kurnool District. In view of the harassment made by the respondent/husband, the petitioner/wife lodged a complaint against the respondent/husband and his family members dated 19.01.2024, in F.I.R.No.12 of 2024, VGKR, J Tr.C.M.P.No.64 of 2025 Dated 30.04.2025 2 under Sections 498-A, 506 r/w Section 34 of I.P.C. and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Bethamcherla Police Station. After completion of investigation, Police filed a charge sheet and the same was numbered as vide C.C.No.240 of 2024 on the file of the II Additional Judicial Magistrate of First Class, Dhone, Kurnool District, the same is pending for adjudication. II. The petitioner/wife further pleaded that to cause unnecessary inconvenience to her, the respondent/husband had filed F.C.O.P.No.185 of 2024 on the file of the Judge, Family Court, Kadapa, Y.S.R. District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. III.The petitioner/wife further pleaded that, she being a woman, residing separately along with her child aged about 3 years at her parent’ house at Bethamcherla Town, Kurnool District, it is very difficult for her to travel at a distance of more than 170 Kms from Bethamcherla Town to Kadapa to attend the divorce case proceedings on each and every adjournment without any male support and that she is constrained to file the present petition seeking to withdraw the F.C.O.P.No.185 of 2024 on the file of the Judge, Family Court, Kadapa, Y.S.R. District and transfer the same to the Senior Civil Judge, Dhone, Kurnool District. VGKR, J Tr.C.M.P.No.64 of 2025 Dated 30.04.2025 3 3. Heard learned counsel for the petitioner. 4. Though the notice sent to the respondent through Registered Post and the same was served on him, none appeared for the respondent. Therefore, ‘service held sufficient’. 5. Perused the material available on record. 6. The material on record prima facie goes to show that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house along with her child aged about 3 years at Bethamcherla Town, Kurnool District and she also filed a case i.e., C.C.No.240 of 2024 on the file of the II Additional Judicial Magistrate of First Class, Dhone, Kurnool District, the same is pending for adjudication. The material on record further reveals that the respondent/husband has also instituted a case i.e., F.C.O.P.No.185 of 2024 on the file of the Judge, Family Court, Kadapa, Y.S.R. District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication. 7. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA1, held by considering the fact that “if a wife does not have sufficient 1(2000) 10 SCC 304 VGKR, J Tr.C.M.P.No.64 of 2025 Dated 30.04.2025 4 funds to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.” 8. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA2, held as follows: “9. The cardinal principles 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.” 9. On considering the submissions made by the learned counsel appearing for the petitioner and in view of the ratio laid down by the aforesaid case laws and on considering the facts and circumstances of the present case that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the 2 2022 LiveLaw (SC) 627 VGKR, J Tr.C.M.P.No.64 of 2025 Dated 30.04.2025 5 request made by the petitioner/wife, seeking to withdraw the F.C.O.P.No.185 of 2024 on the file of the Judge, Family Court, Kadapa, Y.S.R. District and transfer the same to the Senior Civil Judge, Dhone, Kurnool District. 10. In the result, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.185 of 2024 on the file of the Judge, Family Court, Kadapa, Y.S.R. District, is hereby withdrawn and transferred to the Senior Civil Judge, Dhone, Kurnool District. The learned Judge, Family Court, Kadapa, Y.S.R. District, shall transmit the case record in F.C.O.P.No.185 of 2024, to the Senior Civil Judge, Dhone, Kurnool District, duly indexed as expeditiously as possible preferably within a period of two (02) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. _______________________________ JUSTICE V. GOPALA KRISHNA RAO Date: 30.04.2025 CVD