The convenience of the female litigant is to be preferred over the convenience of the husband in transfer applications involving family court jurisdiction.

JUDGMENT

Battu Devanand, J. - This Transfer Civil Miscellaneous Petition has been filed to withdraw FCOP No. 44 of 2020 from the Court of the Judge, Family Court, Vizianagaram, and transfer the same to the Court of the Judge, Family Court at Rajamahendravaram, East Godavari District.

2. Heard learned counsel for the petitioner and the learned counsel for the Respondent and perused the record.

3. Learned counsel for the petitioner submits that the petitioner is wife and the respondent is husband and their marriage was performed on 21-04-2016. Unable to bear the harassment in the hands of the respondent and his family members, the petitioner lodged a complaint under Section 498 r/w 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, which was number as C.C. No. 2897 of 2020 on the file of IV Additional Junior Civil Judge, Rajamahendravaram and it is coming up for trial.

4. Learned counsel for the petitioner further submits that the respondent filed F.C.O.P. No. 126 of 2018 on the file of the Family Court, East Godavari, Rajamahendravaram, for restitution of conjugal rights and obtained ex parte decree on 10.02.2019 while the petitioner was suffering from ill health. The respondent also filed FCOP No. 44 of 2020 on the file of the Judge, Family Court, Vizianagaram, seeking divorce. Being a woman, it is very difficult for the petitioner to attend the Court at Vizianagaram on every date of adjournment without any male assistance. Apart from that, she has no financial capacity to bear the expenses to travel from Rajamahendravaram to Vizianagaram. Therefore, the petitioner prays to withdraw the said FCOP No. 44 of 2020 on the file of the Judge, Family Court, Vizianagaram and transfer the same to the Court of the Judge, Family Court at Rajamahendravaram, East Godavari District.

5. Having heard the submissions of the respective counsel and upon perusing the material available on record, it appears that C.C. No. 2897 of 2020 filed by the petitioner is pending for trial before IV Additional Junior Civil Judge, Rajamahendravaram and it is coming up for trail. Being a woman, the petitioner cannot travel from Rajamahendravaram, East Godavari, to Vizianagaram on every date of adjournment without any male assistance. If the FCOP No. 44 of 2020 is transferred to the Court of the Judge, Family Court, Rajamahendravaram, no prejudice would be caused to the respondent since C.C. No. 2897 of 2020 filed by the petitioner is pending at the Court at Rajamahendravaram and the petitioner has to attend that Court whenever his presence is required. Therefore, this Court is of the opinion that this is a fit case to transfer FCOP No. 44 of 2020 from the Court of the Judge, Family Court, Vizianagaram, and transfer the same to the Court of the Judge, Family Court at Rajamahendravaram, East Godavari District, in the interest of justice.

6. In Rajani Kishor Pardeshi v Kishor Babulal Pardeshi 2005(12) SCC 237, the Hon'ble Apex Court held that while going into the merits of a transfer application, the Courts are required to give more weight and consideration to the convenience of the female litigants, and the Courts should desist from putting female litigants under undue hardships. Therefore, the convenience of the wife is to be preferred over the convenience of the husband.

7. Accordingly, this Transfer Civil Miscellaneous Petition is allowed and the FCOP No. 44 of 2020 on the file of the Judge, Family Court, Vizianagaram, is hereby withdrawn and transferred to the file of the Judge, Family Court at Rajamahendravaram, East Godavari. The learned Judge, Family Court, Vizianagaram, shall transmit the entire record in FCOP. No. 44 of 2020 pending on its file to the Court of the Judge, Family Court at Rajamahendravaram, East Godavari District, forthwith, by duly indexed.

8. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in this petition shall stand closed.