In matrimonial proceedings, the convenience of the wife should be considered when deciding whether to transfer a case from one court to another.

JUDGMENT

1. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against the respondent/husband under Sec. 24 of Civil Procedure Code(in short "CPC") seeking transfer of H.M.O.P.No.6 of 2022 from the file of Senior Civil Judge Court, Piler, Chittoor District, to Senior Civil Judge Court, Adoni, Kurnool District.

2. It is the contention of the petitioner that her marriage with the respondent was solemnized on 29/8/2018 in a function hall at Adoni Town of Kurnool District, as per Hindu rites and customs prevailing in the community. She alleged that at the time of marriage, her parents presented dowry to the respondent and after the marriage, she joined the respondent at Bangalore and marriage was consummated, where they lived happily for a period of six months and thereafter respondent started harassing her and he used to suspect her fidelity without any proper reason. It is also the contention of the petitioner that on 18/2/2020, respondent beat her and driven her out from the house, as there was no other option she came to her parents house at Adoni, where she is now residing and filed M.C.No.13 of 2021 and D.V.C.2 of 2021 and lodged report against the respondent in CFR No.410 of 2021.

All the cases are pending before I Additional Judicial Magistrate of First Class Court, Adoni. The petitioner submits that the respondent is working as Senior Finance Executive in a software company at Bangalore and getting income of Rs.80, 000.00 per month, who filed divorce petition against her before Senior Civil Judge Court, Piler, which is at a distance of 350 kms., from Adoni town. It is also the contention of the petitioner that her father is aged about 65 years and no other male member is available to accompany her to attend the Court at Piler of Chittoor district. She prays to transfer H.M.O.P.No.6 of 2022 from Senior Civil Judge Court at Piler of Chittoor District to Senior Civil Judge Court, Adoni of Kurnool District.

3. The respondent though engaged a counsel, not chosen to file counter.

4. I have heard both sides.

5. The learned counsel for the petitioner would submit that the petitioner being a house maker not having any male person to accompany her to attend the Court at Piler. She would further submit that already three cases are pending against the respondent before I Additional Judicial Magistrate of First Class, at Adoni, where the respondent has to attend, due to that no prejudice would be caused to the respondent if divorce O.P. is transferred from the Court at Piler, Chittor District, to the Senior Civil Judge Court, at Adoni, Kurnool District.

6. The learned counsel for the respondent would submit that the petitioner has foisted false cases against the respondent and prays to dismiss the petition.

7. In view of rival submissions, the point that emerges for consideration of this Court is, "Whether the petition is maintainable either in law or on facts?"

8. POINT: Before going to the merits of the case, it would be beneficial to quote Sec. 24 of CPC, which reads as under:

"24. General power of transfer and withdrawal:-

(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-

(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.

(2) Where any suit or proceeding has been transferred or withdrawn under sub-sec. (1), the Court which [is thereafter to try or dispose of such suit or proceeding] may