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 CPC to ensure the ends of justice.

[3397]

Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Withdraw the case in F.C.O.P.No.197/2025 on the file of Family Judge Cum VI Additional District Judge, Kadapa and to Transfer the same to the Family Judge Court at Vizianagaram by Allowing the Transfer CMP and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to STAY of all the proceedings in F.C.O.P.No.197/2025 on the file of Principal District Judge, Kadapa including for appearance of the Petitioner/Respondent pending disposal of the main Tr.CMP and pass

IA NO: 2 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to amend the prayer in Tr.CMP.No. 38/2026 as follows: It is therefore prayed that this Hon’ble Court may be pleased to amend the Court name. Preamble Portion and Aggrieved Para and Tr.CMP Prayer by adding the Family Judge Cum VI Additional District Judge, Kadapa by deleting the wrong name Principal District Judge. Kadapa by allowing the I.A., and pass

Counsel for the Petitioner:

1.R SIVA SAI SWARUP

Counsel for the Respondent:

1.KRISHNA RAO M

The Court made the following:

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 to transfer the F.C.O.P.No.197 of 2025, on the file of the learned VI Additional District Judge - cum - Family Judge, Kadapa, to the file of the learned Family Judge Court, Vizianagaram, for trial and disposal.

2. 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 24.03.2024 at CPI Party Office, Kadapa. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents’ house at Vizianagaram.

ii. The petitioner submitted that she has filed a maintenance case vide FCMC DDR No.74 of 2026 before the learned Family Judge Court, Vizianagaram.

iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed F.C.O.P.No.197 of 2025, on the file of the learned VI Additional District Judge - cum - Family Judge, Kadapa, seeking restitution of conjugal rights under Section 32 of the Indian Divorce Act and the same is pending for adjudication. The petitioner further pleaded that the distance between Vizianagaram and Kadapa is more than 800 Kilometers and it is very difficult for the petitioner/wife to appear before the learned VI Additional District Judge - cum - Family Judge, Kadapa, on each and every adjournment without any male assistance, and that she is constrained to file this petition.

4. Per contra, learned counsel for the respondent/husband would contend that the respondent herein filed counter and denied all the allegations leveled by the petitioner in her affidavit and they sought for dismissal of this Civil Miscellaneous petition.

5. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioner/wife and Sri M.Krishna Rao, learned counsel for the respondent/husband.

6. Perused the material available on record.

7. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been residing separately