HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.476 of 2024

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking transfer of H.M.O.P.No.98 of 2024 on the file of the Court of learned Additional Senior Civil Judge, Karimnagar to the Court of learned Senior Civil Judge, Jangoan.

2. Heard Sri K.V.V.S.N. Murthy, learned counsel for the petitioner. No representation on behalf of respondent despite service of notice. Therefore, the matter is being disposed of basing on the material available on record.

3. The Brief factual matrix of the case is that the petitioner and respondent are wife and husband and their marriage was solemnized on 04.07.2021, at Venkateswara Swamy Devasthanam, Sundaragiri Village of Chigurmandi Mandal, Karimnagar District, as per the prevailing customs in their community and soon after their marriage, the petitioner joined the matrimonial house of respondent and out of their wedlock, they were blessed with a boy on 01.03.2023. It is averred that the petitioner was subjected to physical and mental harassment and was necked out from matrimonial house and that unable to bear the misbehavior, physical harassment and abuse by respondent and his family members, the petitioner filed FIR No.457 of 2024 before Jangaon Police Station on 18.07.2024. In the meanwhile, respondent filed H.M.O.P.No.98 of 2024 on the file of the Court of learned Additional Senior Civil Judge, Karimnagar for dissolution of marriage.

3.1. It is further averred that at present, the petitioner is taking shelter in her parent’s house at Jangaon and is financially dependent on her parents and has no means to sustain herself and further, she has to take care of minor child. Therefore, it is difficult for the petitioner to travel from Jangaon to Karimnagar to attend the H.M.O.P. In those set of circumstances, the petitioner filed the present Tr.C.M.P.

4. Learned counsel for the petitioner apart from reiterating the averments made in the Tr.C.M.P, contended that the distance between Jangaon and Karimnagar District is more than 100 Kilometres and the petitioner cannot attend the H.M.O.P alone with a minor child. Therefore, if the matter is transferred from Karimnagar District to Jangaon, no prejudice would be caused to the respondent and further contended that convenience of wife has to be considered as against the convenience of the husband in the matrimonial matter and hence, prayed to allow the present Tr.C.M.P.

5. This Court considered the submissions made by learned counsel for the petitioner and perused the material available on record.

6. 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.

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 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.”

8. 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 Buttep