HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.159 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of HMOP.No.218 of 2024 pending on the file of Principal Senior Civil Judge-cum-Assistant Sessions Judge, Mancherial, Adilabad to the Family Court, Hanumakonda.

2. Heard Sri M.Ajay Kumar, learned counsel for the petitioner and Sri G.Sravan Kumar, 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 and respondent are wife and husband and their marriage was performed on 21.11.2020, at Singareni Mini Function Hall, Bhupalpalli City; that soon after marriage, the petitioner joined the matrimonial home with the respondent; that out of their wedlock the petitioner conceived, however, during delivery the child died in womb on 15.08.2021; that thereafter, the petitioner was subjected to physical and mental harassment; that unable to bear the harassment and humiliation, the petitioner filed FCOP.No.350 of 2024 seeking divorce and the same is pending on the file of the Judge, Family Court, Hanumakonda; that the petitioner also filed MC.No.82 of 2024 and the same is also pending before the Judge, Family Court, Hanumakonda. It is averred that the respondent filed HMOP.No.218 of 2024 seeking restitution of conjugal rights and the same is pending before the Principal Senior Civil Judge at Mancherial. It is further averred that the petitioner is residing with her parents; that she is dependent on her parents for her survival; that she has life threat in the hands of the respondent; that in view of her health issues, it is difficult for her to travel from her village to Mancherial, a distance of 300 Kms., to attend the Court proceedings in HMOP.No.218 of 2024 on every date of hearing. Hence, present Tr.CMP is filed.

4. Learned Counsel for the petitioner apart from reiterating the averments made in the affidavit submitted that the respondent is appearing in MC.No.82/2024 as well as FCOP.No.350/2024 which are filed by the petitioner and pending before the Judge, Family Court, Hanumakonda, therefore, no prejudice would be caused if HMOP.NO.218 of 2024 filed by the respondent is transferred from to Mancherial; and that in fact, it is convenient for the respondent to appear in all the cases at one place, if HMOP filed by the respondent is transferred and tried along with FCOP filed by the petitioner.

5. Learned Counsel for the respondent would submit that the petitioner after filing FCOP and MC lodged a complaint against the respondent before P.S.Bhupalpally under Sections 85 of BNS and Sections 3 and 4 of Dowry Prohibition Act, which is registered as FIR.No.364 of 2025; and that though the petitioner is residing at Bhupalpally, she is filing cases at two different places i.e. at Warangal (MC.No.82/2024 and FCOP.No.350/2024) and Bhupalpally (FIR No.364/2025), therefore, no grounds are made out and prayed to dismiss the Tr.CMP.

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 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 subsequent thereto and the circumstances of both the parties in eking ou