HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of H.M.O.P.No.1 of 2025 from the file of the Senior Civil Judge, at Narsampet, Warangal District filed by the respondent- husband, to the Court of the Principal Judge, Family Court, at Secunderabad.

2. Heard Sri Gowri Shanker, learned counsel representing Sri P. Krishna Reddy, learned counsel for petitioner. No presentation on behalf of the respondent, despite service of notice.

3. The brief facts leading to filing of the present Tr.C.M.P. are that the petitioner and respondent are wife and husband and their marriage was solemnized on 11.11.2020, as per the prevailing customs in Hindu Religion and that out of the wedlock, they were blessed with one male child on 09.08.2021. It is averred that disputes and differences arose between the petitioner and respondent as the respondent started harassing the petitioner physically and mentally, therefore, petitioner lodged a complaint before Women Police Station, North Zone, Hyderabad, which was registered as Crime No.126 of 2024, under Section 498-A, 506 r/w 34 of IPC and Section 3 and 4 of Dowry Prohibition Act. Thereafter, respondent filed H.M.O.P.No.1 of 2025, before Senior Civil Judge at Narasampet, Warangal, seeking Restitution of Conjugal Rights.

4. Learned counsel for the petitioner contended that distance between Secunderabad to Warangal is 145 kms and petitioner with her minor child and cannot travel such a distance on each and every date of hearing, further, she is dependent on her parents and has to take assistance of her family members to attend the Court.

5. This Court considered the submissions made by learned counsel for the petitioner. Perused the material available on record.

6. The underlying principle governing the proceedings under Section 24 of the CPC seeking transfer of the case, appeal or other proceedings, 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 Sha1 held as follows:

1 2022 SCC Online SC 1199

“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 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 (2^nd cited supra), has been reiterated by the High Court of Bombay in Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil v. Dhiraj Sunil Patil2, and observed as under:-

“In a country like India, important decisions such as marriage, divorce are still taken with the guidance and blessings of elders in the family. For a lady to travel alone for the proceedings to a Court where the fate of her marriage is going to be decided without any family member would definitely be a matter of concern and

2 (2023 SCC OnLine Bom 1926)

cause not only physical inconvenience but also emotional and psychological inconvenience

9. Further, the High Court of Bombay in Priyanka Rahul Patil v. Rahul Ravindra Patil, (2023 SCC OnLine Bom 1982) followed the principle laid down in N.C.V.Aishwarya’s case (2nd cited supra) and Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil’s case (3rd cited supra), and held as follows:-

“The underlying principle governing the