ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of H.M.O.P.No.31 of 2021 from the file of the Senior Civil Judge at Mahabubabad, filed by the respondent-husband, to the Court of the Principal Senior Civil Judge-cum- Assistant Sessions Judge, Bhadradri Kothagudem.

2. Heard Sri Mandapati Bala Krishna, learned counsel appearing on behalf of Sri Muthyala Praveen, learned counsel for the petitioner.

3. The brief facts leading to filing of the present Tr.C.M.P. are that the marriage of the petitioner-wife was solemnized with the respondent-husband on 18.06.2014 at Ambica Function Hall, Peddammathalli Temple Palavancha, Bhadradri Kothagudem District as per the prevailing customs in Hindu Religion. Respondent already had a girl child from his first marriage and petitioner is second wife to the respondent. After marriage, petitioner joined the company of the respondent and lived in matrimonial house for a period of two years. On 24.05.2015, she gave birth to a male child, thereafter, respondent started to demand an additional dowry of Rs.4,00,000/- to take the petitioner back into conjugal life.

4. As the petitioner’s parents are poor and cannot bare the maintenance of the petitioner and her child, she file M.C.No.15 of 2018 before Judicial Magistrate of First Class, Bhadrachalam and the Court vide order dated 07.11.2019, directed the respondent to pay monitory maintenance of Rs.4000/- to the petitioner and her child. Later, respondent filed H.M.O.P.No.31 of 2021, seeking divorce before Senior Civil Judge, Mahabubabad and the same was decreed as exparte vide order dated 27-04-2023. Thereafter, petitioner filed I.A.No.234 of 2023 in H.M.O.P.No.31 of 2021, seeking to set aside the exparte divorce decree, and the same was allowed by the Senior Civil Judge, Mahabubabad.

5. It is further stated that the petitioner is residing in Sarapaka village, Burgampadu Mandal, Bhadradri Kothagudem District which is 100 kms away from Senior Civil Judge, at Mahabubabad and there is only one bus that commutes between the petitioner’s village and Mahabubabad. Therefore, it is very difficult for the petitioner to travel such a long distance on each and every hearing. Petitioner is dependent on her parents and her parents are not in a position to support her financially. Hence, filed this Tr.Cmp., seeking transfer of the said H.M.O.P.

6. Learned counsel for the petitioner would submit that the respondent has filed the said H.M.O.P. in Mahabubabad, as he stayed there for a short period of time, but is now residing in Hyderabad. However, respondent should travel from Hyderabad to Kothagudem, Bhadradri Kothagudem District, for attending the H.M.O.P. Learned counsel further submitted that, as the petitioner has a child to take care of her child and also need to attend her ailing parents, it is very difficult for her to travel from Mahabubabad to Bhadradri Kothagudem. Therefore, prayed to transfer the H.M.O.P.No.31 of 2021 filed by the respondent to the Bhadradri Kothagudem Court. Learned counsel for the petitioner further contended that in the transfer proceedings of matrimonial disputes, the convenience of the wife has to be considered and therefore, the request of the petitioner-wife needs to be considered.

7. In support of the said contentions, the learned counsel for the petitioner has relied upon the judgment of the Hon’ble Supreme Court in NCV Aishwarya Vs A.S.Saravana Karthik Sha held as follows:

“9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in