In matrimonial disputes, the convenience of the wife is a key factor in deciding transfer petitions, ensuring just proceedings and alleviating hardship.

ORDER :

1. 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 for withdrawal of F.C.O.P. No.1417 of 2024 on the file of the XIV Additional District and Sessions Judge, Vijayawada, Krishna District and transfer the same to the file of the Family Court-cum-III Additional District and Sessions Judge, Vizianagaram, for trial.

2. The case of the petitioner in brief is as follows:

I. The petitioner is the legally wedded wife of the respondent/husband and the marriage of the petitioner with the respondent was solemnized on 21.04.2019, at Ambativalasa, Vizianagaram District, as per the Hindu Rites and Caste Customs. After that, in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house and depending upon the mercy of her parents at Ambativalasa Village Vizianagaram District. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent/husband and his family members, dated 06.07.2024, in F.I.R.No.128 of 2024, for the offences punishable under Section 85 of B.N.S. Act, 2023 and under Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Bondapalli Police Station, the same is pending for investigation.

II. The petitioner/wife further pleaded that to cause inconvenience and to harass her, the respondent/husband had filed F.C.O.P. No.1417 of 2024 on the file of the XIV Additional District and Sessions Judge, Vijayawada, Krishna District, under Section 13(1)(ia) of the HINDU MARRIAGE ACT , 1955, seeking for dissolution of the marriage and the same is pending for adjudication.

III. The petitioner/wife further pleaded that she being a woman, residing separately at her parents’ house and depending upon the mercy of her parents at Ambativalasa Village, Vizianagaram District, it is very difficult for her to travel at a distance of more than 400 Kms from Ambativalasa Village to Vijayawada to attend the divorce case proceedings on each and every adjournment without any male assistance and that she was constrained to file the present petition seeking for withdrawal of F.C.O.P.No.1417 of 2024 on the file of the XIV Additional District and Sessions Judge, Vijayawada, Krishna District and transfer the same to the file of the Family Court- cum-III Additional District and Sessions Judge, Vizianagaram.

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3. Learned counsel for the respondent would contend that except making bald allegations in the affidavit of the petitioner against the respondent/husband herein, there are no valid grounds to allow the present Transfer Civil Miscellaneous Petition. He would further contend that the respondent/husband herein is a software engineer and is currently residing in Hyderabad and in case, if the present case is transfer from Vijayawada to Vizianagaram, he has to invariably apply the leaves for attending the Court at Vizianagaram.

4. Heard learned counsel appearing on both sides on record.

5. Perused the material available on record.

6. The material on record prima facie goes to show that, the petitioner/wife has been residing at her parents’ house and depending upon the mercy of her parents at Ambativalasa Village, Vizianagaram District and she lodged a complaint against the respondent/husband i.e., a Criminal Case in F.I.R.No.128 of 2024, for the offences punishable under Section 85 of B.N.S. Act, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Bondapalli Police Station, the same is pending for investigation. Furthermore, the material on record discloses that the respondent/husband has instituted F.C.O.P. No.1417 of 2024 on the f