In matrimonial proceedings, the convenience of the wife is generally prioritized over that of the husband when determining the transfer of a case under Section 24 of the Code of Civil Procedure.

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.1468 of 2025, on the file of the Principal Family Court, Vijayawada and transfer the same to the file of Senior Civil Judge Court, Kakinada.

2. 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 on 14.02.2024 at Varnika Function Hall, Kakinada as per Hindu Marriage Rights and customs. In view of the matrimonial disputes between both the parties, the petitioner/wife is staying at her parents’ house at Kakinada. The petitioner pleaded that she lodged a complaint vide F.I.R.No.76 of 2024, before the Mahila Urban police station, Kakinada and the same was numbered as C.C.No.154 of 2025 on the file of the learned I Additional Junior Civil Judge, Kakinada. She filed a Domestic Violence Case vide D.V.C.No.92 of 2024, before the learned V Additional Judicial Magistrate of First Class, Kakinada and also filed a Maintenance Case vide M.C.No.15 of 2024, on the file of the learned II Additional Judicial Magistrate of First Class, Kakinada, and the same are pending adjudication.

II. The learned counsel for the petitioner would contend that to cause inconvenience to the petitioner, the respondent/husband filed F.C.O.P.No.1468 of 2025, on the file of the Principal Family Court, Vijayawada, seeking dissolution of marriage under Section 13 (1) (ia) and Section 7 of the Family Courts Act.

III. Learned counsel for the petitioner further contended that the petitioner being a woman and depending upon the mercy of her parents’, it is very difficult for her to travel a distance of more than 200 kms from Kakinada to Vijayawada for attending the divorce case proceedings before the Principal Family Court, Vijayawada, on each and every date of adjournment 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.1468 of 2025, on the file of the Principal Family Court, Vijayawada and transfer the same to the file of learned Senior Civil Judge, Kakinada

3. The respondent has filed a counter affidavit by denying the material allegations leveled in the transfer petition filed by the petitioner. Learned counsel for the respondent/husband contended that there are no merits in the transfer petition filed by the petitioner and requested to dismiss the transfer petition and further stated that he is ready to bear the travelling expenses of the petitioner herein/ wife for appearing before the Family Court at Vijayawada. She further represented that the respondent herein is working as an employee in Punjab National Bank at Ponnur in Guntur Judicial District and pleaded that the transfer application may be dismissed.

4. Heard Sri J. Bhaskara Rao, learned counsel for the petitioner and Smt. Shaik Sultana, learned counsel for the respondent. Perused the material available on record.

5. The grounds urged by the petitioner for seeking transfer of F.C.O.P.No.1468 of 2025, on the file of the Principal Family Court, Vijayawada to the file of learned Senior Civil Judge, Kakinada are that the petitioner/wife herein is currently residing at Kakinada at her parents’ house and further contended that the she lodged a complaint vide F.I.R.No.76 of 2024 before the Mahila Urban police station, Kakinada and the same was numbered as C.C.No.154 of 2025 on the file of the learned I Additional Junior Civil Judge, Kakinada