In matrimonial proceedings, the convenience of the wife is generally given priority over that of the husband when deciding a transfer petition under Section 24 of the Code of Civil Procedure, especially considering socio-economic factors and travel hardships.

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.305 of 2025, on the file of the III Additional Senior Civil Judge, Kakinada, and transfer the same to the file of the Judge, Family Court, Visakhapatnam, for trial and disposal of the same.

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 18.06.2022, at Priya Function Hall, Kanithi Road, Gajuwaka, Viskhapatnam City, as per Hindu Rites and Caste Customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at her parents‟ house in Gajuwaka. The petitioner/wife pleaded that in view of the harassment caused by the respondent/husband, she lodged a complaint against the respondent/husband, dated 28.10.2025, which was registered as F.I.R.No.482 of 2025, for the offence punishable under Section 85 of B.N.S. Act, 2023 , and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Gajuwaka Police Station, the same is pending for investigation.

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.305 of 2025, on the file of the III Additional Senior Civil Judge, Kakinada, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is pending for adjudication.

Learned counsel for the petitioner contended that the petitioner being a woman, has been residing separately and depending upon the mercy of her parents at Gajuwaka, the distance between Gajuwaka & Kakinada is more than 150Kms and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband herein before the Court at Kakinada 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.305 of 2025, on the file of the III Additional Senior Civil Judge, Kakinada, and transfer the same to the file of the Judge, Family Court, Visakhapatnam, for trial and disposal of the same.

The respondent filed counter-affidavit by contending that there are no merits in the present petition filed by the petitioner and the present Transfer Civil Miscellaneous Petition is liable to be dismissed.

Learned counsel for the respondent contended that the respondent/husband herein is working as a software engineer and attending his duties by way of work from home at Kakinada, in case, if this Court is inclined to transfer the H.M.O.P.No.305 of 2025, which is pending before the III Additional Senior Civil Judge, Kakinada, to the file of the Judge, Family Court, Visakhapatnam, the personal appearance of the respondent/husband herein may be dispensed with before the transferee Court.

Heard Mr. S. Bala Mohan Ranga, learned counsel for the petitioner and Ms. Sultana Shaik, learned counsel for the respondent.

Perused the material available on record.

The material on record prima facie goes to show that, due to the matrimonial disputes between the parties, the petitioner/wife has been residing separately at her parents‟ house in Gajuwaka, she has instituted Criminal Case against the respondent/husband, which was registered as F.I.R.No.482 of 2025, for the offence punishable under Section 85 of B.N.S. Act, 2023 , and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Gajuwaka Police Station, the same is pending for investigation.

The material on record further reveals that the respondent/husband had filed a divorce petition against the petitioner/wife herein vide H.M.O.P.No.305 of 2025, on the file of the III Additional Senior Civil Judge, Kakinada, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, see