In matrimonial transfer petitions, the convenience of the wife, particularly when she is caring for a minor child and other related litigations are already pending in a specific jurisdiction, is a primary ground for transferring the proceedings to that jurisdiction.

The Court made the following:

ORDER:

The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw F.C.O.P.No.776 of 2025 on the file of the Family Court at Guntur, Guntur District, and transfer the same to the Family Court at Rajahmundry, East Godavari District.

The case of the petitioner, in brief, is as follows:

I. The petitioner is the legally wedded wife of the respondent, and their marriage has been performed at Annavaram, East Godavari District, on 04.04.2018, as per Hindu rites and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying along with her son, aged about 7 years, at her parents’ house at Rajahmundry, East Godavari District, and depending upon the mercy of her mother. The petitioner/wife further pleaded that she had lodged a complaint before the S.P. of Police, Mahila Police Station, Rajamahendravaram, East Godavari District, under Sections 85 r/w 3(5) BNS and under Sections 3 & 4 of the Dowry Prohibition Act, vide Cr.No.78 of 2025, and after completion of investigation, the Police filed the charge sheet vide C.C.No.2103 of 2025 on the file of the IV Additional Judicial First Class Magistrate at Rajamahendravaram, and the same is pending for trial. The petitioner/wife further pleaded that she had also filed a Domestic Violence Case vide D.V.C.No.19 of 2026 on the file of the VI Additional Judicial First Class Magistrate, Rajahmundry, and the respondent/husband is attending the aforesaid cases before the competent Courts at Rajahmundry. The learned counsel for the petitioner would contend that, to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.776 of 2025 on the file of the Family Court at Guntur, Guntur District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage.

II. Learned counsel for the petitioner further contended that the petitioner, being a woman having a son aged about 7 years and depending upon the mercy of her mother, it is very difficult for her to travel a distance of approximately more than 200 kms from Rajahmundry to Guntur for attending the Court proceedings before the learned Judge, Family Court, Guntur, without any male support, and that she was constrained to file the present petition against the respondent/husband seeking to withdraw F.C.O.P.No.776 of 2025 on the file of the Family Court at Guntur, Guntur District, and transfer the same to the Family Court at Rajahmundry, East Godavari District.

The respondent/husband filed the counter affidavit by denying the material allegations leveled by the petitioner/wife. Learned Counsel for the respondent contends that the petitioner/wife approached this Court with demonstrably unclean hands, and she has deliberately and willfully suppressed the material facts, and requested to dismiss the present transfer civil miscellaneous petition.

Heard T.S.N.Murthy, learned counsel for the petitioner, and Sri T.Joshi Prasad, learned counsel for the respondent. Perused the material available on record.

The material on record prima facie shows that the petitioner/wife filed two cases vide D.V.C.No.19 of 2026 on the file of the VI Additional Judicial First Class Magistrate, Rajahmundry, and C.C.No.2103 of 2025 on the file of the IV Additional Judicial First Class Magistrate at Rajamahendravaram, and the said two (02) cases are pending before the competent Courts at Rajahmundry. The respondent herein also filed one case before the Court at Rajahmundry vide G.W.O.P.No.122 of 2025, seeking custody of the child.

The learned counsel for the respondent would contend that the alleged threat in the hands of the respondent/husband at Guntur is created only for the purpose of filing the present transfer petition. The respondent/husband relied on the case laws in Anindita Das Vs. Srijit Das ¹(2006) 9 SCC 197, Sumita Singh Vs. Kumar Sanjay & Anr.,²(2001)