IMPORTANT POINT
The main legal point established in the judgment is the interpretation of Sec. 24 of Code of Civil Procedure and the consideration of convenience in matrimonial proceedings, including the use of video conferencing, availability of legal aid service, and the obligation of the husband to pay travel and stay expenses for the wife when attending court.

JUDGMENT

1. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against the respondent/husband under Sec. 24 of Code of Civil Procedure (in short 'CPC') seeking transfer of H.M.O.P.No.24 of 2022 from the Senior Civil Judge Court, Tadepalligudem of West Godavari District to Senior Civil Judge Court, Sompeta of Srikakulam District.

2. The case of the petitioner/wife in brief is that her marriage with the respondent was solemnized on 19/4/2019 in a function hall at Tadepalligudem as per Hindu Rites and Customs prevailing in their community. She alleged that at the time of marriage her parents gave cash and gold to the respondent towards dowry and thereafter, she joined her husband to lead marital life.

3. The petitioner submits that respondent filed H.M.O.P.No.24 of 2022 before the Senior Civil Judge Court, Tadepalligudem of West Godavari District, seeking divorce on the ground of cruelty and now, she is residing at Kasibugga Town of Srikakulam District where she is doing petty job due to that it is inconvenient for her to travel a distance of 450 KMs to attend the Court at Tadepalligudem. It is also the contention of the petitioner that she filed M.C.No.17 of 2022 and lodged a report against the respondent for the offences punishable under Sec. 498-A IPC, which is registered as C.C.No.651 of 2022 pending before Judicial Magistrate of First Class at Palasa of Srikakulam District, wherein respondent is attending. The main contention of the petitioner is that she being a single lady, not in a position to travel from Kasibugga Town to Tadepalligudem to attend the Court in divorce petition filed by the respondent. She prays to allow the petition.

4. The respondent filed counter affidavit denying averments in the affidavit of the petitioner.

5. It is the contention of the respondent that there are no bonafides in the contention of the petitioner as she already engaged a counsel and filed counter in the divorce petition filed by him, where she has not specifically denied contentions raised by him in his divorce petition. He submits that there are no medical grounds. No child and no physical threat to the petitioner when she attends the Court at Tadepalligudem due to that only on the ground of distance request of the petitioner cannot be considered. He also cited precedent law in his counter. He prays to allow the petition.

6. I have heard both sides.

7. The learned counsel for petitioner would submit that petitioner being a single lady, residing at Kasibugga Town of Srikakulam District, who also filed two cases against respondent which are pending before Judicial Magistrate of First Class, Palasa where the respondent is attending due to that it is not inconvenient for the respondent to attend the Court at Sompeta where Senior Civil Judge Court is located. He would further submit that petitioner is also suffering from ill-health and not in a position to travel a distance of 450 KMs to attend the Court at Tadepalligudem being a single lady. He prays to allow the petition.

8. The learned counsel for respondent would submit that though the petitioner is now staying in her parents' house at Kasibugga Town that itself is not a ground to consider the request of the petitioner to transfer divorce petition to Senior Civil Judge Court at Sompeta. She would further submit that respondent is ready to pay travel and other expenses of the petitioner whenever she attends the Court at Tadepalligudem. It is the contention of the learned counsel for respondent that divorce petition filed by the respondent may be transferred to either Family Court, Rajahmundry or Visakhapatnam. She prays to dismiss the petition.

9. In view of rival submissions, now the point that emerges for consideration of this Court is: "Whether there are any grounds to consider the request of the petitioner to transfer H.M.O.P.No.24 of 2022 from Senior Civil Judge Court, Tadepalligudem to Senior Civil Judge Court, Sompeta?"

10. It is no doubt true that, it is co