In matrimonial cases, the wife's convenience is prioritized in transfer petitions, as per socio-economic considerations.

ORDER :

VENUTHURUMALLI GOPALA KRISHNA RAO, J.

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 to withdraw F.C.O.P.No.199 of 2025 on the file of the XIV Additional District and Sessions Judge-cum-Principal Family Judge, Vijayawada, Krishna District and transfer the same to the Judge, Family Court at Eluru, 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 and the marriage of the petitioner with the respondent was solemnized on 11.08.2013, at Kottapalli Village, Lingapalem Mandal, as per the Hindu Rites and Caste Customs. Due their wedlock period, the petitioner/wife and the respondent/husband were blessed with a female child and later, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately along with her daughter at her parents’ house at Eluru, West Godavari District.

II. The petitioner/wife further pleaded that she filed a Domestic Violence Case vide D.V.C.No.53 of 2024 on the file of the III Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Eluru, under Section 12 of Domestic Violence Act, 2005, the same is pending for adjudication. She further pleaded that to cause unnecessary inconvenience to her, the respondent/husband had filedF.C.O.P.No.199 of 2025 on the file of the XIV Additional District and Sessions Judge-cum-Principal Family Judge, Vijayawada, Krishna District, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication.

III. The petitioner/wife further pleaded that, she being a woman, residing separately along with her daughter and also depending upon the mercy of her parents at Eluru, West Godavari District, it is very difficult for her to travel at a distance of more than 50 Kms from Eluru to Vijayawada to attend the case proceedings on each and every adjournment without any male assistance and that she is constrained to file the present petition seeking withdrawal of F.C.O.P.No.199 of 2025 on the file of the XIV Additional District and Sessions Judge-cum-Principal Family Judge, Vijayawada, Krishna District and transfer the same to the Judge, Family Court at Eluru, West Godavari District.

3. Learned counsel for the respondent would contend that there are no valid grounds to consider the request made by the petitioner/wife and he further submits that appropriate orders may be passed in the present petition.

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 shows that the petitioner/wife has been residing separately along with her daughter at her parents’ house at Eluru, West Godavari District and she also filed a Domestic Violence Case against the respondent/husband vide D.V.C.No.53 of 2024 on the file of the III Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Eluru, under Section 12 of Domestic Violence Act, 2005, the same is pending for adjudication. The material on record further reveals that the respondent/husband has instituted a case i.e., F.C.O.P.No.199 of 2025 on the file of the XIV Additional District and Sessions Judge-cum-Principal Family Judge, Vijayawada, Krishna District, under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights and the same is also pending for adjudication.

7. The Apex Court in a case of N.C.V. AISHWARYA VS A.S. SARAVANA KARTHIK SHA , [2022 LiveLaw (SC) 627] , held as follows:

“9. The cardinal principles for exercise of power under Sect