HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.68 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking to transfer HM.No.60 of 2024 pending on the file of the Senior Civil Judge, Vikarabad to the Court of Senior Civil Judge, Zaheerabad, Sangareddy District.

2. Heard Sri Palle Sriharinath, learned counsel for petitioner and Sri Md. Sadath Hussain, learned counsel for respondent.

3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., as averred in the affidavit filed in support of the TrCMP, are that the petitioner and respondent are wife and husband; that their marriage was solemnized on 18.10.2020 as per Hindu rites and customs; that soon after the marriage, the petitioner joined the matrimonial company of the respondent; and that out of wedlock, they were blessed with a male child, who is now aged about three years. It was further averred that the petitioner was subjected to physical and mental harassment and was necked out from the matrimonial house and as such, she is residing with her parents at Huggelli Ranjhole, Zaheerabad Mandal and is dependent on them; that she has filed Maintenance Case in MC.No.2 of 2025 and DVC.No.1 of 2025 before the Judicial Magistrate of First Class, Zaheerabad and the said cases are pending; and that distance between Zaheerabad and Vikarabad is 70 kms and hence, it is difficult for her to travel all the way from Zaheerabad to Vikarabad along with the tender child aged three years, and therefore, prayed to allow this Tr.CMP. 4. Learned counsel for the petitioner, apart from reiterating the averments made in the affidavit, submitted that the respondent is appearing in the MC and DVC cases filed by the petitioner in the Court at Zaheerabad and therefore, no prejudice would be caused to respondent if the HMOP is transferred as sought for and accordingly, prayed to allow the Tr.CMP.

5. Per contra, learned counsel for respondent submitted that initially, respondent filed HMOP.No.60 of 2024 on the file of Senior Civil Judge, Vikarabad for restitution of conjugal rights and thereafter, as a counter blast, the petitioner filed MC and DVC cases before the Court at Zaheerabad. He further submitted that the respondent is ready and willing to pay the travel and miscellaneous expenses, if any, whenever the petitioner attends the Court at Vikarabad in connection with the proceedings HMOP.No.60 of

2024 and hence, prayed to dismiss the TrCMP.

6. It is relevant to refer to the underlying principle governing the proceedings under Section 24 of the CPC seeking transfer of the case, appeal or other proceedings, which is enunciated by the Hon'ble Supreme Court in a catena of judgments and the same was followed by various High Courts.

7. The Hon’ble Supreme Court in NCV Aishwarya Vs. A.S.

Saravana Karthik Sha, 2022 SCC Online SC 1199held as follows:

“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 behavioral pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society,

generally, it is the wife’s convenience which must be looked at while considering transfer.”

8. The principle of law laid down by the Hon’ble Supreme Court in N.C.V. Aishwarya’s case (3^rd cited supra), has been reiterated by the High Court of Bombay in Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil v. Dhiraj Sunil Patil, 2(2023 SCC OnLine Bom 1926), and obser