In matrimonial transfer petitions under Section 24 of the CPC, the convenience of the wife is generally prioritized over that of the husband to ensure the ends of justice, especially when she lacks sufficient funds or assistance to travel.

ORDER:

Today, when the matter has been taken up for hearing, as per the Registry endorsement, notice sent to the respondent was served. Despite service of notice, there is no representation on behalf of respondent. Therefore, „service held sufficient‟.

2. 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 withdraw H.M.O.P.No.8 of 2026, on the file of learned Civil Judge (Senior Division), Bhimavaram, West Godavari District and transfer the same to the file of the learned Civil Judge(Senior Division),Tadepalliguem, West Godavari District for trial and disposal.

3. 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 11.02.2022 as per Hindu Marriage customs and rituals at Tadepalligudem. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Tadepalligudem.

ii. The petitioner submitted that she had filed a complaint, which was registered as Crime No.251 of 2022 under Section 498-A read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act at Tadepalligudem Police Station. She further submitted that she had filed M.C. No. 06 of 2023 on the file of the learned I Additional Junior Civil Judge, Tadepalligudem, and the same was allowed.The petitioner filed E.P. No. 15 of 2025 in H.M.O.P.No.22 of 2023 on the file of the learned Civil Judge (Senior Division), Tadepalligudem, as the respondent failed to pay the maintenance. She further stated that she filed C.C. No.1065 of 2022 and D.V.C. No.6 of 2024 on the file of the Principal Junior Civil Judge, Tadepalligudem, and that the said cases are pending adjudication.

iii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed H.M.O.P.No.08 of 2026, on the file of learned Civil Judge (Senior Division), Bhimavaram, seeking dissolution of marriage under Section 13 (1) (ia) (ib) of Hindu Marriage Act, 1955 and the same is pending for adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before the learned Civil Judge (Senior Division), Bhimavaram on each and every adjournment without any male assistance, and that she is constrained to file this petition.

4. Heard learned counsel for the petitioner.

5. Perused the material available on record.

6. The material on record prima facie shows that, in view of the matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Tadepalligudem, depending upon the mercy of her parents. The material on record discloses that the respondent/husband filed a divorce petition against the petitioner/wife vide H.M.O.P.No.08 of 2026 on the file of learned Civil Judge (Senior Division), Bhimavaram, seeking dissolution of marriage under Section 13 (1) (ia) (ib) of the Hindu Marriage Act, 1955, and the same is pending for adjudication. The material on record further discloses that the petitioner had filed a complaint, which was registered as Crime No.251 of 2022 under Section 498-A read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act at Tadepalligudem Police Station. She further submitted that she had filed M.C. No.06 of 2023 on the file of the learned I Additional Junior Civil Judge, Tadepalligudem and the same was allowed, and the petitioner also filed E.P. No.15 of 2025 in H.M.O.P.N