Transfer petitions under Section 24 of C.P.C. consider convenience of both parties.

ORDER :

Renuka Yara, J.

Heard Sri B. Arjun Rao, learned counsel for the petitioner and Sri Mohd. Amjad Ali Ansari, learned counsel for the respondent. Perused the entire record.

2. This Tr.C.M.P. is filed under by the transfer petitioner-wife Section 24 of C.P.C. seeking to transfer F.C.O.P.No.1452 of 2024 pending on the file of the Family Court Judge, Ranga Reddy District at L.B.Nagar, to the Court of the Senior Civil Judge at Sircilla.

3. It is the case of the transfer petitioner that marriage between herself and respondent was performed on 15.02.2020 under Hindu marriage and customs and the marriage was a love marriage. The couple was blessed with a baby girl by name Gonepalli Manvika on 20.01.2022. After the birth of the child respondent harassed and tortured the transfer petitioner both physically and mentally to bring dowry amount of Rs.50,00,000/-. There was physical abuse on 07.07.2024 with a demand to bring dowry amount and the respondent sought divorce from the transfer petitioner. Respondent took away the daughter of the transfer petitioner from her custody and she is presently in his custody and the transfer petitioner is living with her parents at Rajanna Sircilla District. The transfer petitioner got registered case under Section 85 of the Bharatiya Nyaya Sanhita (‘ BNS ’), 2023 and Section 4 of the Dowry Prohibition Act , 1961, in Crime No.303 of 2024 and the same was registered as C.C.No.350 of 2025 pending on the file of the I Additional Judicial Magistrate of First Class at Sircilla. She also filed petition under Section 25 of the Guardians and Wards Act , 1890, vide G.W.O.P.No.11 of 2024 pending on the file of the Principal District and Sessions Judge at Siricilla. A DVC case was filed vide DVC No.35 of 2025 on the file of the I Additional Judicial Magistrate of First Class at Sircilla.

4. It is further pleaded that the respondent had wantedly filed F.C.O.P.No.1452 of 2024 before the Family Court, Ranga Reddy District at L.B.Nagar, without meeting the condition under Section 19 of the Hindu Marriage Act , 1955, as parties have not last resided at L.B.Nagar. Only to harass the transfer petitioner, the respondent filed F.C.O.P.No.1452 of 2024 at L.B.Nagar. The transfer petitioner with no income has to travel nearly 170 kilometers by changing three busses to defend her case in F.C.O.P.No.1452 of 2024, as such sought to transfer the same to the Court of Senior Civil Judge at Sircilla.

5. This Court in the present transfer petition granted stay of all further proceedings in F.C.O.P.No.1452 of 2024 on 30.07.2025 in I.A.No.1 of 2025 and issued notice to the respondent. The respondent made his appearance through his counsel and filed I.A.No.2 of 2025 vacate stay petition/counter affidavit, wherein it is alleged that the present transfer petition is filed with an intention to harass the respondent after filing of the divorce petition by him in F.C.O.P.No.1452 of 2024. It is pleaded that there are false averments made about the transfer petitioner being poor woman with no source of income and that she would incur huge expenditure to travel to Ranga Reddy District Court at L.B.Nagar, to defend the F.C.O.P.No.1452 of 2024. The respondent pleaded that the transfer petitioner was employed in various organizations during their marital life and the said facts are conveniently suppressed. She filed cases under Section 85 of BNS and Section 4 of the D.P.Act and DVC No.35 of 2025 before the Court at Sircilla, which are subject matters of quash petitions before this Court. The G.W.O.P. filed by the transfer petitioner before the Principal District and Sessions Judge, Rajanna Sircilla, was refe