HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.11 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of H.M.O.P.No.181 of 2024 pending on the file of the Additional Senior Civil Judge-cum-Assistant Sessions Judge, Mancherial to the Court of the Principal Senior Civil Judge at Kothagudem.

2. Heard Sri K.Rajashekar, learned counsel for the petitioner and Sri Rudresh Deshpande, learned counsel for the respondent.

3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., are that the petitioner in her affidavit filed in support of the Tr.C.M.P., averred that she and respondent are wife and husband; that their marriage was solemnized on 16.11.2023 at RP Garden Function Hall, Tirumala Hills, Bellampally, Mancherial, as per Hindu rites and customs; that after marriage ceremonies, she joined the matrimonial company of respondent at Bellampally, Mancherial, however, soon thereafter, the respondent started ignoring the petitioner and used to come to home at late nights in intoxicated state and also demanded dowry and forcing the petitioner to resign from the job and unable to bear the mental torture, the petitioner left the matrimonial house. It is averred that basing on created and concocted grounds, respondent filed H.M.O.P.No.181 of 2024 for dissolution of marriage before the Additional Senior Civil Judge- cum-Assistant Sessions Judge, Mancherial; that the petitioner is working as Radiologist at KTDM hospital, at Kothagudem and therefore, she cannot travel from Kothagudem to Mancherial on every date of hearing in H.M.O.P.No.181 of 2024 which is pending before the Additional Senior Civil Judge-cum-Assistant Sessions Judge, Mancherial, as she has to travel 270 km, therefore, filed the present Tr.C.M.P. to transfer H.M.O.P.No.181 of 2024 pending on the file of the Additional Senior Civil Judge-cum-Assistant Sessions Judge, Mancherial to the Court of the Principal Senior Civil Judge at Kothagudem.

4. Learned counsel for the petitioner apart from reiterating the averments made in the affidavit had submitted that petitioner has filed D.V.C.No.438 of 2025 before III Additional Judicial Magistrate of First Class, Bhadradri Kothagudem, and the same is pending. He has relied upon the judgments of the Hon’ble Apex Court in case of Rajani Kishor Paradeshi v. Kishore Babulal Paradeshi and Sumita Singh v. Kumar Sanjay and another in support of his contention.

5. Per Contra, learned counsel for the respondent submitted that the respondent is a Doctor working at Primary Health Centre, Tiryani, Komarambheem District, which is very interior and it is difficult for the respondent to attend hearing in H.M.O.P.No.181 of 2024, if the matter is transferred to Kothagudem. He further submitted that the respondent is suffering with knee pain and therefore, the matter can be transferred to Karimnagar, which is at equal distance for both the petitioner as well as to the respondent.

6. This Court considered the submissions made by learned counsel for 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:

“ 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 sub