HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of H.M.O.P. No.67 of 2020 from the file of Senior Civil Judge at Kothagudem, filed by the petitioner herein, to the Court of VI Addl. District and Sessions Judge-cum-Family Court, Ranga Reddy District at Kukatpally.

2. Heard Smt.P. Radhika, learned counsel for the petitioner. No representation on behalf of the respondent despite service of notice vide USR No.46678 of 2025, dated 25.04.2025. Therefore, the matter is disposed of, basing on the material available on record.

3. The brief facts leading to filing of the present Tr.C.M.P. are that the marriage of the petitioner-wife and respondent-husband was solemnized on 16.11.2007 at Sri Sitaram Kalyana Mandapam, situated at TS GENCO Campus (KTPS), A Colony, Paloncha Town, Bhadradri Kothagudem District, as per the customs and traditions prevailing in Hindu religion and that out of the wedlock, they were blessed with two female children. After the marriage, the respondent subjected the petitioner to cruelty mentally and physically and finally deserted the petitioner and her two female children. The petitioner having vexed with the attitude of the respondent, she filed H.M.O.P. No.67 of 2020 before the Senior Civil Judge at Kothagudem seeking divorce on the ground of cruelty.

4. It is further averred that as the petitioner was necked out from the matrimonial house of the respondent, the petitioner was constrained to return to her native place and on the advice of a counsel of that locality; she filed H.M.O.P. No. 67 of 2020 before the Senior Civil Judge Court, Kothagudem. Subsequently, the petitioner shifted her family to Hyderabad for the purpose of her children education and petitioner lodged a complaint before the WPS Gachibowli and police filed charge sheet in CC No. 6477 of 2022 against the respondent and others and the same is pending before the I Addl. Junior Civil Judge-cum-IX Addl. Metroplitan Magistrate, Ranga Reddy District at Kukatpally.

5. Learned counsel for the petitioner submits that the petitioner as well as the respondent are attending before the Senior Civil Judge at Kothagudem on every date of hearing of H.M.O.P.No.67 of 2020 and that the petitioner has no independent income and has to take care of her two minor female children and that the distance from Hyderabad to Kothagudem is about 271 KMs and the petitioner is not in a position to travel such a long distance as she has to take care of her minor female children and that the petitioner has been suffering from kidney related ailments and taking treatment at Hyderabad. Moreover, the respondent is residing at Gachibowli and appearing in CC No. 6477 of 2022 at Kukatpally. Hence, prayed to transfer the H.M.O.P. No.67 of 2020 from the file of Senior Civil Judge at Kothagudem to the Court of VI Addl. District and Sessions Judge-cum-Family Court, Ranga Reddy District at Kukatpally.

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

7. 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.

8. The Hon’ble Supreme Court in NCV Aishwarya Vs.

A.S.Saravana Karthik Sha, 2022 SCC Online SC 1199 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