JUDGMENT

Shameem Akther, J. - This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/wife, requesting to withdraw O.P.No.2730 of 2018 from the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar and transfer the same to the file of Judge, Family Court, Karimnagar, for trial and disposal, in accordance with law.

2. Heard the learned counsel for both sides and perused the record.

3. Learned counsel for the petitioner/wife would submit that the petitioner had already filed two cases i.e, C.C.No.1116 of 2019 before the Special Judicial First Class Magistrate, Karimnagar, for the offence under Section 498-A IPC & Section 4 of D.P.Act and DVC No.49 of 2019 before the Additional Judicial First Class Magistrate, Karimnagar, under Section 12 of protection of women from Domestic Violence Act, 2015 (D.V.Act) seeking maintenance against the respondent/husband and both these cases are pending at Karimnagar. The petitioner/wife resides at Kelleda Village, Manakondur Mandal, Karimnagar District. She is pursuing her post-graduation at Kakatiya University, Warangal. The Family Court situated at Karimnagar is convenient for her to attend the Court and defend the subject O.P filed by the respondent/husband and ultimately prayed to allow the transfer petition as prayed for.

4. On the other hand, learned counsel for the respondent/ husband would submit that the Family Court situated at Warangal is convenient to both parties. There are no sustainable grounds to consider the request of the petitioner and ultimately, prayed to dismiss the transfer application.

5. In view of the submissions made by both sides, the point for determination is:

"Whether O.P.No.2730 of 2018 pending on the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar, can be withdrawn and transferred to the file of Judge, Family Court, Karimnagar, for trial and disposal, in accordance with law?"

6. Point: When a proposal is made on behalf of the respondent/husband by the counsel on record that the subject O.P. can be transferred to the Family Court situated at Warangal, where the petitioner/wife is prosecuting her postgraduation course in Kakatiya University, the petitioner/wife did not agree for the said proposal. The main grounds urged on behalf of the petitioner/wife are that two cases i.e, C.C.No.1116 of 2019 and DVC No.49 of 2019 filed by the petitioner/wife are pending at Karimnagar and as she resides at Kelleda Village, Manakondur Mandal, Karimnagar District, the Family Court, situated at Karimnagar, would be convenient for her to defend the subject O.P.

7. Here, it is apt to refer to the decision of the erstwhile High Court of Judicature at Hyderabad, for the State of Telangana and the State of Andhra Pradesh, reported in Chejerla Srilakshmi Vs. Chejerla Ramesh Babu, (2018) 4 ALD 162 wherein, the erstwhile common High Court for the States of Telangana and Andhra Pradesh, relying on various decisions of the Hon'ble Apex Court, held as under:

"The Apex Court took note of inconvenience being caused to the parties but not the inconvenience to the wife alone, considering the facts and circumstances of the case adverting to the earlier judgment rendered in "Ram Gulam Pandit v. Umesh J. Prasad" and "Rajwinder Kaur v. Balwinder Singh" (as referred in the judgment) and opined that all the authorities are based on the facts of the respective cases and they do not lay down any particular law which operates as a precedent. Thereafter, it noted that taking advantage of the leniency shown to the ladies by this Court, number of transfer petitions are filed by women and, therefore, it is required to consider each petition on merit. Then, the Court dwell upon the fact situation and directed that the husband shall pay all travel and stay expenses to the wife and her companion for each and every occasion whenever she was required to attend the Court. From the aforesaid decision, it is quite vivid that t