HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking to transfer HMOP.No.90 of 2024 on the file of the Senior Civil Judge, Godavarikhani to Family Court at Hanumakonda.

2. Heard Sri B.Muralidhar, learned counsel for the petitioner. No representation on behalf of the respondent, despite service of notice on him. Therefore, the matter is being disposed of based on the material available on record.

3. In the affidavit, filed in support of this Tr.C.M.P., it is averred that the marriage of the petitioner was solemnized with the respondent on 10.11.2021 at Hanumakonda as per Hindu rites and customs; that out of the wedlock, they were blessed with a boy on 08.10.2022; that the respondent and his family members started harassing the petitioner for want of additional dowry and articles and the respondent did not take the petitioner in the matrimonial house after delivery of boy, therefore, the petitioner filed M.C.No.110 of 2024 on the file of Family Court, Hanumakonda and also lodged a complaint which was registered as a case in Crime No.127 of 2024 under Section 498-A and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act on the file of Women Police Station, Warangal. In the meanwhile, the respondent filed HMOP.No.90 of 2024 on the file of Senior Civil Judge, Godavarikhani seeking divorce.

3.1. It is averred that the petitioner is dependent on her parents as she has no independent income and she has to take care of her minor son aged about two years. She further averred that at present, she is residing at Hanumakonda along with her parents and therefore, in view of her financial position, she is not in a position to travel all the way from Hanumakonda to Godavarikhani, which is at a distance of 130 kms, to attend the Court proceedings in HMOP on each and every date of hearing of the said case. Therefore, she prays this Court to transfer HMOP.No.90 of 2024 on the file of the Senior Civil Judge, Godavarikhani to Family Court at Hanumakonda, where the case filed by her is pending. She further contended that that in any event, the respondent has to attend the Court in MC.No.110 of 2024 filed by her and is pending before the Family Court at Hanumakonda and as such, no prejudice would be caused to him.

4. Despite service of notice on the respondent, there is no representation on his behalf. Therefore, the averments of the petitioner remained uncontroverted.

5. 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.

6. 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.”

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, (2023 SCC OnLine Bom 1926), and observed as under:-

“In a country like India, important decisions such as marriage, divorce are stil