In matrimonial proceedings, the convenience of the wife should be prioritized when considering transfer petitions under the Code of Civil Procedure, ensuring justice based on socio-economic factors.

ORDER :

Venuthurumalli Gopala Krishna Rao, J.

The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District and transfer the same to the Court of Senior Civil Judge, Gudur, S.P.S.R. Nellore 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 performed on 05.07.2018 at Swaraswath Kandriga Village, Yerpedu Mandal, Tirupati. During their wed-lock period, the petitioner/wife blessed with a child and in view of the matrimonial disputes between both the spouses, the petitioner/wife is staying separately along with her child aged about 3 years at her parents’ house at Uttamanelloore Village, Kota Mandal.

II. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the respondent/husband filed H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District, under Section 13 of the HINDU MARRIAGE ACT , 1955, seeking dissolution of the marriage and the same is pending for adjudication.

III. The petitioner/wife would further pleaded that, she being a woman and residing separately along with her child aged about 3 years at her parents’ house at Uttamanelloore Village, Kota Mandal, it is very difficult for her to travel at a distance of more than 100 Kms from Uttamanelloore Village to Srikalahasthi to attend the divorce case proceedings without any male support and that she was constrained to file the present petition seeking to withdraw H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District and transfer the same to the Court of Senior Civil Judge, Gudur, S.P.S.R. Nellore District.

3. Learned counsel for the petitioner would contend that he has no objection to dispense with the personal appearance of the petitioner i.e., respondent in the said H.M.O.P.No.26 of 2024, before the transferee Court.

4. Learned counsel for the respondent would contend that, there are no grounds to consider the request made by the petitioner herein and the present Transfer Civil Miscellaneous Petition may be dismissed.

5. Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner and Sri M. Pitchaiah, learned counsel for the respondent.

6. Perused the material available on record.

7. The material on record prima facie goes to show that, the petitioner/wife has been residing separately along with her child aged about 3 years at her parents’ house at Uttamanelloore Village, Kota Mandal. It is also a fact that the respondent/husband has instituted a case i.e., H.M.O.P.No.26 of 2024 on the file of the Senior Civil Judge, Srikalahasthi, Chittoor District, under Section 13 of the HINDU MARRIAGE ACT , 1955, seeking dissolution of the marriage and the same is pending for adjudication. The contention of the learned counsel for the petitioner is that, the petitioner/wife is residing separately at her parents’ house at Uttamanelloore Village, Kota Mandal, the distance between the Uttamanelloore Village and Srikalahasthi is more than 100 Kms, since the petitioner being a woman depending upon her parents along with her child, it is very difficult for her to travel from Uttamanelloore Village to Srikalahasthi to attend the divorce case proceedings filed by the respondent/husband herein, which is pending before the Senior Civil Judge, Srikalahasthi, Chittoor District, on each and every adjournment without any male support and that she was constrained to file