IMPORTANT POINT
Transfer of Matrimonial case – In matrimonial proceedings, convenience of wife has to be taken into consideration than that of inconvenience of husband.

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 for withdrawal of H.M.O.P.No.81 of 2020 on the file of the Senior Civil Judge, Repalle, Guntur District and transfer the same to the file of the Additional Senior Civil Judge, Ongole, Prakasam District, for trial 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/husband, and their marriage was solemnized on 20.02.2011, as per Hindu rites and caste customs. During their wedlock, the petitioner/wife and the respondent/husband were blessed with two (02) children. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately along with her two (2) children aged about 13 & 10 years respectively in her parents’ house at Ongole, Prakasam District. The petitioner/wife further pleaded that she filed a Maintenance Case vide M.C.No.8 of 2021 on the file of the Judge, Family Court, Ongole, under Section 125 of Cr.P.C., seeking maintenance from the respondent/husband and the same is pending for adjudication.

II. The petitioner/wife further pleaded that with a view to cause inconvenience to her, the respondent/husband herein filed a divorce petition vide H.M.O.P.No.81 of 2020 on the file of the Senior Civil Judge, Repalle, Guntur District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, for seeking for dissolution of the marriage, the same is also pending for adjudication.

3. Learned counsel for the petitioner would contend that the petitioner herein being a woman, has been residing separately along with her two (2) children aged about 13 & 10 years respectively and the children are prosecuting their studies while residing with their mother/petitioner herein at Ongole. He further submitted that the distance between Repalle & Ongole is more than 100Kms and it is very difficult for the petitioner/wife to travel to attend the divorce case proceedings filed by the respondent/husband before the Court at Repalle without any male assistance, and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of H.M.O.P.No.81 of 2020 on the file of the Senior Civil Judge, Repalle, Guntur District, and transfer the same to the file of the Additional Senior Civil Judge, Ongole, Prakasam District, for trial and disposal of the same.

4. Learned counsel for the respondent submitted that there are no merits in the petition filed by the petitioner/wife herein and with an intention to drag on the case proceedings in H.M.O.P.No.81 of 2020 on the file of the Senior Civil Judge, Repalle, the petitioner/wife herein filed the petition and the present Transfer Civil Miscellaneous Petition may be dismissed. He further submitted that the respondent/husband herein is a private employee and he frequently travels to Hyderabad to attend his duties.

5. Heard Mr. Pavan Kumar Pasupuleti, learned counsel for the petitioner and Mr. G. Arun Showri, learned counsel for the respondent.

6. Perused the material available on record.

7. The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife has been residing separately along with her two (02) children at Ongole, Prakasam District. It is also not in dispute that the respondent/husband herein has filed a divorce petition vide H.M.O.P.No.81 of 2020 on the file of the Senior Civil Judge, Repalle, Guntur District, under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage, the same is also pending for adjudication. It is admitted by both the learned counsel on record that the respondent/husband herein has filed his chief affidavit in H.M.O.P.No.81 of 2020 and his evidence in cross-examination has not yet commenced before the trial Court.

8. The Apex Court in a case of Geeta H