In matrimonial disputes, the convenience of the wife is prioritized for case transfers, considering socio-economic factors and logistical challenges she faces in attending court proceedings.

ORDER :

VENUTHURUMALLI GOPALA KRISHNA RAO, J.

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.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Senior Civil Judge, Narsapur, West Godavari 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/husband and the marriage of the petitioner with the respondent wassolemnized on 09.03.2012, at Sri Ramachandra Gardens, Palakol, West Godavari District, as per the Hindu Rites and Caste Customs. During their wedlock period, the petitioner/wife and respondent/husband were blessed with a daughter and later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her daughter aged about ten (10) years at Palakol and depending upon the mercy of her father at Palakol, West Godavari District and the mother of the petitioner/wife is no more. The daughter of the petitioner/wife is prosecuting her studies at Palakol.

II. The petitioner/wife further pleaded that to cause inconvenience and to harass her, the respondent/husband had filed F.C.O.P.No.990 of 2024 on the file of the Judge, Family Court, 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 along with her daughter aged about ten (10) years at her father‟s house at Palakol, West Godavari District, it is very difficult for her to travel which is situated at a distance of more than 160 Kms from Palakol, West Godavari District 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.990 of 2024 on the file of the Judge, Family Court, Vijayawada, Krishna District and transfer the same to the Senior Civil Judge, Narsapur, West Godavari District.

3. Learned counsel for the respondent fairly represented before this Court that, they are not opposing the transfer of the present case but the case may be transferred to neutral place other than Narsapur. He would further contend that the apprehension of the respondent/husband is that he is having a life threat from the hands of the petitioner and from her family members. It is well settled that mere apprehension of threat is not a ground for seeking transfer of case from one place to another place.

4. Learned counsel for the petitioner would contend through virtual mode that in case, if the matter has been transferred to neutral place other than Narsapur, the petitioner/wife herein will face much difficulties, because her mother is no more and she is residing at her father‟s house along with her daughter aged about ten (10) years, who is prosecuting her studies and depending upon the mercy of her grandfather at Palakol, West Godavari District and that the present case may be transferred to the Senior Civil Judge, Narsapur, West Godavari District.

5. It was also brought to the notice of this Court by the learned counsel appearing on both sides that there are no other pending cases between both the parties, except the Divorce Petition filed by the respondent/husband herein against the petitioner/wife i.e., F.C.O.P.No.990 of 2024, which is pending before the Judge, Family Court, Vijayawada, Krishna