HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of F.C.O.P. No.1444 of 2023 from the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar, filed by the respondent-husband, to the Court of Senior Civil Judge, Mahabubabab.

2. Heard Smt. Sravani, learned counsel representing Sri Kalyan Nanjula, learned counsel for petitioner on record and Sri C. Sharan Reddy, learned counsel for the respondent.

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 21.02.2021 at Kothagudem, Bhadradri- Kothagudem District, as per Sunni sect of Muslim Rights and that out of the wedlock, they were blessed with two male children, 11 years and 8 years old respectively. After the marriage, the respondent and his family members subjected the petitioner to cruelty mentally and physically for want of additional dowry and the petitioner was necked out from the matrimonial house and that she was unable to bear the torture of the respondent and his family members. On 19.09.2023 the petitioner lodged a complaint to the Station House Officer, PS Kesamudram, Mahabubabad District which was registered as a case in Cr.No.171 of 2023 for the offence under Section 498-A IPC against the respondent and the same is pending. The petitioner and her children are residing with her parents at Kesamudram.

4. Learned counsel for the petitioner submits that the respondent filed FCOP No.1444 of 2023 before the Judge, Family Court, Ranga Reddy District at L.B. Nagar seeking restitution of conjugal rights. The petitioner further averred that she is depending on her parents and has no independent income and has to take care of her two minor children and that the distance from Kesamudram to Hyderabad is 220 KMs and the petitioner is not in a position to travel such a long distance as she has to take care of her minor children. It is further submitted that in view of the strained relationship between the petitioner and the respondent, there is a threat to the petitioner in the hands of the respondent. It is also stated that for every hearing, the petitioner has to take assistance from her family members to appear before the Judge, Family Court, Ranga Reddy District at L.B. Nagar. Hence, she prayed to transfer the F.C.O.P. No.1444 of 2023 from the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar to the Court of Senior Civil Judge, Mahabubabad. Moreover, no prejudice will be caused to the respondent if F.C.O.P. No.1444 of 2023 is transferred to the Court of Senior Civil Judge, Mahabubabad.

5. Learned counsel for the respondent filed counter denying the allegations and contended that the family members of the petitioner demanded the respondent to stay in their house as illatum son-in-law and when he refused, petitioner left to her parents’ house along with children. As such, he filed FCOP No.1444 of 2023 seeking restitution of conjugal rights and further submitted that the respondent is residing at Hyderabad and if the FCOP is transferred to Senior Civil Judge Court at Mahabubabad, he would be put to great hardship and prayed to dismiss the petition.

6. This Court considered the submissions made by learned counsel for both the parties. 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 consi