ORDER :

1. This petition is filed under Section 24 of Civil Procedure Code by the petitioner/wife with a request to withdraw O.P. No. 834 of 2018 pending on the file of Judge, Family Court, at Kukatpally and to transfer the same to the Court of Senior Civil Judge, Jagitial, Karimnagar District.

2. The petitioner is the legally wedded wife of the respondent, and their marriage was performed on 02.11.2008 as per Hindu rites and customs at Jagitial. Out of wedlock, they were blessed with two children. After she begot second child, the respondent-husband deserted her and she is forced to join her parents at Jagitial. The respondent husband is resident of Sri Ramulapally village of Jammikunta Mandal, Karimnagar District, but intentionally in the Divorce O.P. he has shown his address as within the limits of Kukatpally, Ranga Reddy District, only to gain territorial jurisdiction of Family Court, Ranga Reddy District. The respondent failed to pay any maintenance to the petitioner or their children. It is causing hardship to the respondent and her children to attend each and every date of hearing in the Court at Kukatpally. She is dependent on her parents for her maintenance and for the maintenance of her children.

3. Notice served on the respondent. No counter filed.

4. Heard on both sides.

5. Learned counsel for the petitioner-wife seeks to submit that the petitioner and her minor children are totally dependent on her parents as she has no independent source of income. The respondent failed to pay maintenance and therefore to avoid inconvenience and safety of the petitioner and their minor children, it is just and essential to withdraw the O.P. No. 834 of 2018 pending on the file of Judge, Family Court, at Kukatpally and transfer the same to the Court of Senior Civil Judge, Jagitial, Karimnagar District.

6. Learned counsel for the respondent resisted the transfer petition stating that the matter which is pending on the file of Family Court cannot be transferred to the Court of Senior Civil Judge and that the jurisdiction of Civil Court is ousted by virtue of Section 8 of the Family Courts Act, and argued that the matter pending on the file of a Family Court can only be transferred to another Family Court but not to a Civil Court or to the Court of Senior Civil Judge. He relied upon a judgment of this High Court in Tr. CMP No. 809 of 2016 and batch, dated 06.12.2018 and between Chakradharamahanthi Venkata Maikya Prasuna vs. C. Venkata Rama Murthy, 2019 (2) ALT 1. Thus, the learned counsel for the respondent solely relying upon the above judgment resisted the transfer petition more on the point of law than on facts of the case.

7. The case of the petitioner-wife is that she has been living with her parents at Jagitial with her two minor children and it is extremely difficult for her to attend the Court at Kukatpally which is more than a distance of 150 kilometers from the place where she is living on account of her financial problem, convenience and safety of herself and her minor children.

8. In this backdrop, the question now emerges is whether a matrimonial dispute pending before a Family Court of competent jurisdiction can be transferred by the High Court in terms of Section 24 of CPC to any other Court having jurisdiction where no such Family Court is established.

9. On a perusal of the judgment in Prasuna (supra) referred to above, one of the guidelines framed is that matrimonial cases pending on the file of Judge, Family Court shall not be withdrawn and transferred to the Court of Senior Civil Judge, as the jurisdiction of Civil Court is ousted by Section 8 of the Family Courts Act.

10. The learned Single Judge of this Court has extensively discussed the power of the High Court in terms of Section 24 CPC, particularly in Para-100, observing that a Family Court is a Court subordinate to the High Court and that the power of the High Court to transfer a proceeding from the Family Court to any other District Court or from the District Court t