IMPORTANT POINT
Transfer of matrimonial case – In matrimonial proceedings, convenience of wife has to be considered than inconvenience of husband.

ORDER

I have heard the learned counsel, Mr.Sai Phaneendra Kumar, representing on behalf of Mr.Ch.Gunaranjan, learned counsel for the petitioner as well as the learned counsel, Ms.Sahithi, representing on behalf of Ms.S.Anvesha, learned counsel for the respondent.

2. This is wife’s petition filed under Section 24 of Code of Civil Procedure (in short ‘CPC’) seeking transfer of H.M.O.P.No.15 of 2022 from Senior Civil Judge Court, Proddatur of YSR Kadapa District to Senior Civil Judge Court, Kadapa of YSR Kadapa District, on the ground that now she is residing in her uncle’s house at Kadapa city, where she filed Domestic Violence Case and lodged report against the respondent and others for dowry harassment, whereas the respondent filed H.M.O.P.No.15 of 2022 on the file of Senior Civil Judge Court, Proddatur seeking divorce with false grounds.

3. It is the contention of the petitioner that she is having threat to her life if she attends the Court at Proddatur as the respondent and his family members are threatening her to withdraw the criminal case and to give consent for dissolution of marriage. The petitioner submits that she has shown her residential address as resident of Mydukuru Mandal, Kadapa District in Crime No.270 of 2021 and also in DVC.No.20 of 2022, wherein the Station House Officer, after due investigation, filed charge sheet before II Additional Judicial Magistrate of First-Class Court, Kadapa. In both cases, the respondent has to appear before the Courts at Kadapa to put forth his defence, if any. It is the contention of the petitioner that she has no source of income to bear travel and legal expenses, whereas the respondent is working as Software Engineer who is able to bear travel and other expenses at Kadapa. She prays to allow the petition.

4. The learned counsel for the petitioner would submit that the respondent chosen to file divorce petition only after the petitioner filed DVC.No.20 of 2022 and lodged report before the Station House Officer, Chinna Chowk Police Station, which itself shows that she is residing at Kadapa city only. He would further submit that the petitioner is apprehending threat to her life if she attends the Court at Proddatur, where the respondent and his family members are threatening her to give consent for dissolution of marriage which she has not accepted. He argued that the petitioner has no source of income to bear travel and legal expenses, whereas the respondent has to appear before the Courts at Kadapa in DVC and criminal case filed by the petitioner. He prays to allow the petition.

5. The learned counsel representing the respondent would submit that though sufficient time is granted to the petitioner, she has not filed any document to show that now she is residing in her uncle’s house at Kadapa city, due to that reason only learned Principal District Judge, Kadapa, rightly dismissed her transfer application filed before the said Court, at first instance. He prays to dismiss the petition.

6. At the first instance, the petitioner filed petition before the Principal District Judge, Kadapa vide TOP.No.42 of 2022 which was dismissed by the learned Principal District Judge, Kadapa on 12.05.2023, by observing that the petitioner has not produced any proof of her residential address to show that she has been residing in her uncle’s house at Kadapa city and she can claim legal expenses by filing necessary petition in H.M.O.P.No.15 of 2022. The fact remains that the respondent chosen to file H.M.O.P.No.15 of 2022 on 20.01.2022 only after the petitioner filed DVC.No.20 of 2022 on 27.12.2021 on the file of the Special Judicial Magistrate of First-Class Cum Special Mobile Court, Kadapa. The petitioner also lodged a report before the SHO, Chinna Chowk on 14.12.2021 and the same was registered as Crime No.270 of 2021. The SHO, after due investigation, filed charge sheet against the respondent and others before the II Additional Judicial Magistrate of First-Class Court, Kadapa. In both cases, th