THE HONOURABLE SMT. JUSTICE K. SUJANA

ORDER:

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the petitioner to transfer H.M.O.P.No.164 of 2024 pending on the file of the learned Senior Civil Judge, Mahabubabad District to the file of the learned VI Additional District and Sessions Judge-cum-Family Court, Ranga Reddy District at Kukatpally.

2. The brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 08.03.2007. Out of their wedlock, they blessed with one female child. After marriage, they lived happily for some time, thereafter, the disputes arose between them, the respondent used to harass the petitioner mentally and physically. Later, respondent-husband filed H.M.O.P.No.164 of 2024 seeking decree of divorce.

3. Heard Sri Hari Kishan Kudikala, learned counsel appearing on behalf of the petitioner. Though notice was served upon the respondent, none appeared on his behalf.

4. Learned counsel for the petitioner submitted that the petitioner is residing at her parents’ house, she is unemployed, having no financial independence, as such, it is difficult to attend the proceedings in H.M.O.P.No.164 of 2024 pending on the file of the learned Senior Civil Judge, Mahabubabad District on each and every date of adjournment. He further submitted that the petitioner has to take care of her child. Therefore, he prayed the Court to transfer H.M.O.P.No.164 of 2024 to the learned VI Additional District and Sessions Judge-cum-Family Court, Ranga Reddy District at Kukatpally.

5. In the light of the submissions made by the learned counsel for the petitioner and a perusal of the material available on record, it is clear that the petitioner is unemployed and she is dependent on her parents. At this stage, it is pertinent to note that in respect of transfer of proceedings of a matrimonial dispute, the convenience of the wife is to be preferred over the convenience of husband, as held by the Hon’ble Apex Court in the case of Rajani Kishor Paradeshi Vs. Kishore Babulal Paradeshi, (2005) 12 SCC 237 and Sumita singh Vs. Kumar Sanjay and another2. Hence, this Court is of the opinion that sufficient grounds are made out on facts and in law to accept the plea of the petitioner/wife to transfer H.M.O.P.No.164 of 2024 pending on the file of the learned Senior Civil Judge, Mahabubabad District to the file of the learned VI

2 AIR 2002 SC 396

Additional District and Sessions Judge-cum-Family Court, Ranga Reddy District at Kukatpally.

6. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.164 of 2024 stands transferred from the file of the learned Senior Civil Judge, Mahabubabad District to the file of the learned VI Additional District and Sessions Judge-cum- Family Court, Ranga Reddy District at Kukatpally. The Court concerned is hereby directed to transmit the entire case file relating to H.M.O.P.No.164 of 2024, after duly indexed, within a period of One (1) month from the date of receipt of a copy of this Order, under intimation to the other side. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 21.01.2025 PT

493 THE HONOURABLE SMT JUSTICE K. SUJANA Date: 21.01.2025 PT