In matrimonial transfer petitions, the wife's convenience is paramount, ensuring that justice is upheld as per socio-economic considerations.

ORDER :

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 H.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya (Kadapa) District and transfer the same to the file of the Senior Civil Judge, Gooty, Ananthapur District, to be tried along with H.M.O.P.No.232 of 2025, for trail and disposal of the same.

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

I. The petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 22.12.2013, in the presence of both side elders and well-wishers at Chowdeswari Temple, Rajamfpet Town, Annamayya (Kadapa) District, as per the Hindu Rites and Caste Customs. After that, due to the matrimonial disputes between both the spouses, the petitioner/wife has been residing separately in her parents’ house at Gooty, Ananthapur District.

II. The petitioner/wife further pleaded that in view of the harassment made by the respondent/husband the petitioner herein lodged a compliant against the respondent and his family members dated 19.03.2025, which was registered as F.I.R.No.55 of 2025, for the offences punishable under Sections 85 r/w 3(5) of B.N.S. Act, 2023 and Section 3 & 4 of the Dowry Prohibition Act, 1961, before the Gooty Police Station, the same is pending for investigation. She also filed two (2) other cases against the respondent/husband herein viz., Maintenance Case vide M.C.No.14 of 2025 on the file of the Judicial Magistrate of First Class, Gooty, under Section 144 (1) of B.N.S.S. Act, 2023, seeking maintenance from the respondent/husband and H.M.O.P.No.232 of 2025 on the file of the Senior Civil Judge, Gooty, under Section 9 of the HINDU MARRIAGE ACT , 1955, seeking restitution of conjugal rights and the same are pending for adjudication.

III. The petitioner/wife further pleaded that with a view to cause inconvenience and to harass her, the respondent/husband herein had filed a divorce petition vide H.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya (Kadapa) District, under Section 13(1)(ia) of the HINDU MARRIAGE ACT , 1955, seeking for dissolution of the marriage and the same is also pending for adjudication.

IV. Learned counsel for the petitioner would contend that the petitioner, being a woman, has been residing separately and is depending upon the mercy of her parents at Gooty Town. The distance between Gooty and Rajampet is more than 200Kms, and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband before the Court at Rajampet without any male assistance and that she was constrained to file the present petition against the respondent/husband, seeking to withdraw H.M.O.P.No.47 of 2025 on the file of the Senior Civil Judge, Rajampet, Annamayya District and transfer the same to the file of the Senior Civil Judge, Gooty, Ananthapur District, to be tried along with H.M.O.P.No.232 of 2025, for trail and disposal of the same.

3. Mr. K. Sai Pratap, learned counsel learned counsel for the respondent submitted that there are no valid grounds to consider the request made by the petitioner/wife herein and the present Transfer Civil Miscellaneous Petition may be dismissed. He further submitted that the respondent/husband herein is residing at Rajampet and working as a Data Entry Operator (DEO) in a private college and in case, if this Court is inclined to transfer the said case (H.M.O.P.No.47 of 2025) from Rajampet to Gooty, the personal appearance of the respondent herein may be dispensed with before the transferee Court.

4. Heard Mr. K.V