HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.413 of 2024

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of HMOP.No.116 of 2024 pending on the file of Senior Civil Judge, Sangareddy District, to the Court of Senior Civil Judge, Mancherial.

2. Heard Sri V.Sivarama Krishna Aditya, learned counsel for the petitioner and Sri N.Kumara Swamy, 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 24.05.2020, at Bugga Ramalingeswara Swamy Temple, near Devapur Village, Mancherial District as per Hindu Rites and Customs; that soon after marriage, the petitioner joined the matrimonial company of the respondent; that out of their wedlock they were blessed with a male child on 24.12.2021; that thereafter, the petitioner was subjected to harassment and the respondent failed to take proper care of petitioner as well as minor child; that ultimately the petitioner was necked out from the matrimonial house and she is staying with her parents at Mancherial; that the respondent filed HMOP No.116 of 2024 on the file of Senior Civil Judge, Sangareddy District, seeking dissolution of marriage; that the petitioner lodged a complaint before WPS, Ramagundam under Sections 85, 351(2) of BNS and Sections 3 and 4 of Dowry Prohibition Act vide Crime No.14 of 2025 and in the said crime, Police filed charge sheet and the same was numbered as CC.No.225 of 2025 and pending before II Additional Judicial Magistrate of First Class, Mancherial for adjudication. It is averred that though the petitioner was working in GEP Solutions Private Limited which is situated at Hyderabad, she is working from home by taking permission from the company. In proof of the same, petitioner has filed copy of approvals given by her employer. It is further averred that she has minor child and she has to take care of her minor child, therefore, it is difficult for her to travel from Mancherial to Sangareddy along with the minor child, a distance of 270 Kms., to attend the Court proceedings in HMOP.No.116 of 2024 on every date of hearing. Hence, present Tr.CMP is filed.

4. Learned Counsel for the respondent entered appearance and filed counter denying the allegations made in the Tr.CMP. Learned counsel for the respondent would submit that criminal cases were filed by the petitioner subsequent to filing of OP by the respondent which clearly shows the conduct of petitioner in harassing the respondent. He further submits that the respondent has threat to his life in the hands of petitioner’s family members and in fact he was attacked when he visited Mancherial, therefore, prays to dismiss the Tr.CMP.

5. 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.

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

A.S.Saravana Karthik Sha1 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 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