ORDER :

This petition, invoking Section 24 of the Code of Civil Procedure, is filed seeking transfer of FCOP No.149/2019 from the file of I Senior Civil Judge, Siddipet, to the Family Court, Ranga Reddy District, at L.B.Nagar.

2. In the affidavit filed in support of the petition, the reasons stated for seeking transfer was that the petitioner doesn’t not have any independent source of income; she is dependent on her parents who are poor; she can’t bear the travel expenditure to attend the Court at Siddipet which is about hundred kilometers away from her present residence at Hyderabad; and she is not getting any maintenance.

3. Notice was sent to the respondent. The petitioner’s counsel Mr. P. Narasimha was permitted to take out personal notice on the respondent and the notice was served, and proof of service was filed vide USR No.25177 of 2021. In spite of service of notice, none appeared for the respondent.

4. Considering a large number of transfer petitions being filed before this Court day in and day out, and considering the enormous work involved in administration and logistics in transferring the cases from one Court to another, this Court called for information with respect to the pending transfer petitions before this Court. As per the information available, there are about 400 plus transfer petitions pending before this Court seeking transfer of the cases filed under the Hindu Marriage Act.

5. Having heard the learned counsel for the petitioner and considering the importance of the matter, this Court invited suggestions from the Members of the Bar seeking assistance/suggestions.

6. In response, Smt. Vasudha Nagaraj, amicus curiae, submitted detailed note and suggestions, and Ms.Shravani, Law Clerk attached to this Court, submitted the relevant judgments after research.

7. The detailed note submitted by Smt. Vasudha Nagaraj includes the suggestions with respect to divorce and custody of children cases. As we are concerned with only transfer of cases pending before one court to another court, the suggestions relevant are set out below.

“It is submitted that Transfer Petitions are generally filed by the wife on the following grounds:

1. That she is unemployed

2. That she is having minor children whom she cannot leave behind;

3. That neither she nor her children are being paid maintenance by the husband and that she is finding it difficult to commute;

4. That she apprehends danger to her life if she attends Court where her husband has filed the cases.

5. That the distance between the Court where the Petition is filed and the Court where it is sought to be transferred requires an overnight journey and hotel accommodation.

6. That there are already pending cases field u/s S 498A, Complaints under S 125 CrPC, GWOP Act or that of the DVC Act, 2005 in the jurisdiction where the wife is residing.

Transfer Petitions are filed by husbands on the grounds that

1. The wife and her family are influential people

2. The wife and her family wield considerable influence in the judiciary

3. He is suffering ill health

In matrimonial cases, the predominant principle has been the supportive approach to the travails of the wife who has to attend proceedings in a distant court. The following parameters have guided the decisions of the apex court in transferring cases.

1. If the place where the wife is residing is already invested with jurisdiction as per the matrimonial laws. (generally the place of solemnization of marriage).

2. If the wife has filed for a Counter claim or another matrimonial petition such as that of Restitution of Conjugal Rights or Judicial Separation, it is imperative that both the cases be heard together.

3. Where the husband has not disputed the wife’s status of being unemployed, or of not being financially maintained by him.

4. Where the criminal complaint lodged by the wife reveals physical violence, fear of losing life and limb, threats by husband and his relatives, records of medical treatment for injuries.

5. Where the children are of tende