HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.176 of 2025

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking to transfer FCOP.No.155 of 2024 pending on the file of the Principal Family Court, Medchal-Malkajgiri District at Kukatpally to the Family Court, Hanamkonda.

2. Heard Sri Srikanth Gunti, learned counsel for petitioner. No representation for the respondent, despite service of notice, therefore, the matter is disposed of basing on the material available on record.

3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., as averred in the affidavit filed in support of the TrCMP, are that the petitioner and respondent are wife and husband; that their marriage was solemnized on 14.11.2019 at Kazipet, Hanamkonda District as per Hindu rites and customs; that soon after the marriage, the petitioner joined the matrimonial company of the respondent; and thereafter, unable to bear the physical and mental harassment meted out by her in the hands of the respondent, she lodged a complaint against him, which was numbered as CC.No.2138 of 2024 on the file of Judicial Magistrate of First Class, Hanamkonda, for the offences punishable under Section 498-A and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner also filed MC.No.1 of 2024 before the Family Court, Hanamkonda and DVC.No.6 of 2024 before the I Additional Judicial Magistrate of First Class, Hanamkonda and all the said cases are pending. In the meanwhile, respondent filed FCOP.No.155 of 2024 before the Family Court, Medchal-

Malkajgiri District at Kukatpally, seeking dissolution of marriage.

3.1. The petitioner further averred that her father expired in the year 2015; that she is residing with her mother at Kazipet, Hanamkonda District and is dependent on her mother, who being a senior citizen, requires her care and therefore, it is difficult for her to travel the long distance of 180 kms from Kazipet to Kukatpally for attending the Court proceedings on every date of hearing of the FCOP and prayed to allow this TrCMP.

4. Learned counsel for the petitioner, apart from reiterating the averments made in the affidavit, submitted that the respondent is appearing in the MC, CC and DVC cases filed by the petitioner in the Courts at Hanamkonda and therefore, no prejudice would be caused to respondent if the FCOP is transferred as sought for and accordingly, prayed to allow 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 Sha, 2022 SCC Online SC 1199held 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 behavioral 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 while considering transfer.”

7. The principle of law laid down by the Hon’ble Supreme Court in N.C.V. Aishwarya’s case (3^rd cited supra), has been reiterated by the High Court of Bombay in Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil v. Dhiraj Sunil Patil, 2(2023 SCC OnLine Bom 1926), and observed as under: -

“In a country li