In matrimonial proceedings, the wife's convenience must be prioritized when considering transfer requests under Section 24 of the Code of Civil Procedure.

ORDER:

1. Today when the matter has been listed under the caption ‘for orders’, there was no representation on behalf of the respondent.

2. The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking for transfer of H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, to the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada Krishna District, for trial.

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

I. The petitioner is the legally wedded wife of the respondent and the marriage of the petitioner with the respondent was performed in the presence of their elders and family members on 18.10.2017, at Vijayawada, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes betweenboth the spouses,the petitioner/wifehas been residing separately at her parents’ house at Vijayawada, Krishna District and depending upon the mercy of her parents. The petitioner/wife pleaded that in view of the harassment made by the respondent/husband, she lodged a complaint against the respondent and his family members, dated 11.12.2024, in F.I.R.No.128 of 2024, under Section 85 of B.N.S. Act, 2023 and under Section 3 & 4 of the Dowry Prohibition Act, 1961, before Mahila Police Station, I Vijayawada. After completion of investigation, it has been numbered as C.C.No.2713 of 2021 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada, the same is pending for adjudication. The petitioner/wife further pleaded that she filed a Maintenance Case vide F.C.O.P.(MC)No.153 of 2025 on the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada, Krishna District, under Section 144 of B.N.S.S. Act, 2023, seeking monthly maintenance and she also filed a Domestic Violence Case vide D.V.C.No.346 of 2023 on the file of the I Additional Chief Metropolitan Magistrate Court at Vijayawada, Krishna District.

II. The learned counsel for the petitioner would further contend that to cause inconvenience to the petitioner/wife, the respondent/husband had filed H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, under Section 13(1)(ia)(ib) of the HINDU MARRIAGE ACT , 1955, seeking for dissolution of the marriage.

III. Learned counsel for the petitioner would further contended that the petitioner being a woman and depending upon the mercy of her parents, it is very difficult for her to travel to attend the divorce case proceedings which is situated at a distance of more than 200 Kms from Vijayawada to Ramachandrapuram without any male assistance and that she was constrained to file the present petition against the respondent/husband VGKR, J Tr.C.M.P.No.101 of 2025 Dated 07.07.2025 seeking for transfer of H.M.O.P.No.21 of 2025 on the file of the Senior Civil Judge Court at Ramachandrapuram, East Godavari District, to the file of the XIV Additional District and Sessions Judge-cum-Additional Family Court, Vijayawada Krishna District.

4. Heard learned counsel for the petitioner.

5. Though the matter has been listed under the caption ‘for orders’, there is no representation on behalf of respondent.

6. Perused the material available on record.

7. The material on record prima facie goes to show that in view of the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately at her parents’ house at Vijayawada, Krishna District. The petitioner/wife filed three (3) cases against the respondent/husband herein i.e.. Criminal case under Section 85 , of B.N.S. Act, 2023, before the Vijayawada Police Station