5fl :i' v. [ntEI' [i5''; l] i,: l3 :'a::?

Petition Under Section 24 of lhe C P'C Prayino that in the circumstances stated in the affidavit t"to'iiol'iitn i-n"-iigr' court-irav be pleased to transter theF.C.o.P.No.1373"',ii?""..'iii"rir""otthePrincipalFamilyCourt.tuoge' Kalpataru at Hyderabao' ttifr" tii"'"ii-ne Senior Judges Court at Huzurabao lA NO: 1 OF 2025 Petition under Section 151 CPC praying' that' in the circumstances stated in the affidavit titeo ln supJort'oitn'" p"iition' it'"^Hiort Court may be pleased to stav of all further proceeffi;t"i"'i i6-F'r'ro' re.za"ol 2023' on the file of the illl"rrii;;i]v bJ"t Judgel Kalpataru at Hvderabad' Counsel for the Petitioner: SRI K'VENUMADHAV Counsel forthe Respondents: SRI M'VENKANNA The Gourt made the following: ORDER i I i l { HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFE RCTVIL MISCELLANEO US PETITION No.24 of 2o25 ORDER: This Tra:nsfer Civil Miscellaneous petition is hled seeking transfer of FCOP.No.l 323 of 2023 pending on the file of principal F,amily Court Judge, KalpateLru at Hyderabad to the Court of Senior Civil Judge at Huzurabad

2. Heard Sri K.Venumadhav, learned counsel for the petitioner and Sri M.Venkannzr, learned counsel for the respondent. 3 The brief lacts 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 hur;band and their marriage was performe d on 2g.O7.2OlT, at Venkata Sai Gardens, Warangal Road, Huzurabad, Karimnagar district as per Hindu Rites and Customs; that soon after marriage, the petitioner joined the matrimonial home with the respondent; that out of their wedlock they were blessed with a male child, who is now aged, Z years; that thereafter, the petitioner was subjected to harassment for additional dowry; that uitimately the petitioner was necked out from the matrimonial house; that unable to bear the harassment, the petitioner iodged a complalnt before the Huzurabad police which was registered vide Crime No.304 of 2023 for the offences under Section 49g_A of IpC and Section 3 and 4 of Dowry Prohibition Act and the same is pending before I Addl.Ju,licial First Class Magistrate at Huzurabad; that the 2 petitioner f,rled a maintenance case vide MC'No' 14 of 2024' claiming maintenance and the same is also pending on the hle of I Addl'Judicial First Class Magistrate at Huzurabad; that the petitioner also hled a complaint in DVC No.18 of 2024 arrd the same is pending on the hie of I Addl.Judicial First Class Magistrate at Huzurabad' It is averred that the respondent hled FCOP'No'1373 of 2023 on the hle of Principal Family Court Judge, Kalpatharuur at Hyderabad for restitution of conjugal rights. It is further averred that the petitioner is residing with her parents along with the minor child; that she is dependent on her parents for her survival; that she has to take care of her minor chiid who is now aged about 7 years, therefore' it is difficult for her to travel from Huzurabad to Hyderabad, a distance of 170 Kms'' to attend the Court proceedings in FCOP'No'1373 of 2023 on every date of hearing' Hence, Present TT.CMP is filed'

4. Learned Counsel for the would submit that the criminal complaint vide Crime No'304 of 2023, MC'No'14 of 2024 as well as DVC.No.18 of 2o24 were hled by the petitioner subsequent to filing of FCOP.No. 137 312023, only to harass the respondent; that it is further submitted that there are no merits in the Tr'CMP frled by the petitioner and praYed to dismiss the same' It is relevant to refer to the underlying principle goveming the 5. proceedings under Section 24 of Ltre CPC seeking transfer of the case' appeal or other proceedings, which is enunciated by the Hon'ble iE. ./ -,1.,rr":*.-7 -.. 3 Supreme Cour.t in a catena of judgments and the same was followed by various High Courts.

6. The Hcrn'lrle Supreme Court in NCV Aishroarya ys. A.S.Saraoana. Kafihik Shar held as follows: " The ca.dinal pinciple for exercise of potoer under Section 24 of the Cc,de of Ciuil procedure is that the ends of justice should. demand the transfer of the sutt, appe(lI or other proceed.ing. In matrimorial matters, whereuer Courts are called upon to consider the plea of transfer, the Courts haue to take into considercttion the economic sound.ness of both the parties, the social strata of the spouses and. their behauioural pattern, tlrcir standard of life prior to the marriage and. subsequent thereto ond the ciranmstances of both the parties in eking out their liuelihood ond under uthose protectiue umbrella theg are seeking their sustenance to life. Giuen the preuailing socio_ economic paradigm in tte Indian society, generally, it is the tuife's artuenience u.thich must be looked_ at uhile consid.ering transfer."

7. The principle of law laid down by the Hon,ble Supreme Court in lV. C, V.Atshroarya,s cctse (g"d ctted. supra), has been reiterated by the High Court of Bombay in Deuiko. Dhiraj patil Nee Devika Jagprakash Buttepatit a. Dhiraj sun patip, and observed as under:- "In a country like Ind,ia, important decisions such as marciage, diuorce are still taken taith the guid_ance I 2022\CC Ontine sc 1199 ' 1ZOZ3 SC'C OnLine Bom 1926) 4 and blessirlgs of elders in the famitg' For a ladg to trauel alone for the proceediqs to a Court where tte fate of her mariage is going to be decided without ang family member rttould definitelg be a matter of concem and cause not onlg physicat inconuenience but also emotional and psychological inconuenience'" Further, the High Court of Bombay in Priganka Rahut Patll 8. a. Rartul Ra tindra Patt F followed the principle laid down in N.C.V.Aishwd4ya's case (3rd cited supra) and Deuika Dhirai Patil Nee Deuika Jagprakash Buttepatil's case (4m cited supra)' and held as follows:- "The underlging pinciple gouening the proceedings under Section 24 of tle CPC' is that conuenience of the ude is to be preferred ouer tle conuenience of tte lrusband'" Thus, there are catena of decisions of the Hon'ble g. Supreme Court ald other High Courts to the effect that in matrimonial matters/ disputes, while considering the application for transfer of the proceedings from one Court to alother Court' the Courts must give preference to the convenience of the wife over the convenience of the husband. lo.Aperusalofrecordwoulddisclosethatthepetitionerfiled TT.CMP on the ground that the she is staying with her parents and \-"- 3 12023 SCC online Bom 1982) "/ , 7 t' 5 dependent on her parents for her survivar; that she has to take care of her minor ,:hild; that further the distance between Huzurabad to Hyderabad is 170 kms., therefore it is difficult for her to travel such a long distance along with minor child to attend the court proceedings in FCOP.No.1 i\23 of 2023. Further it is also relevant to note that the complaint lodged by the petitioner vide Crime No.3O4 of 2O23for the offences under Section 49g_A of IpC and Section 3 and 4 of Dowry Prohibition Act, MC.No. 14 of 2024 as well as DVC.No.1g of 2024 are pending before the I Additional Judicial Magistrate of First ciass, Huzurabad

11. In the aforesaid facts and circumstances of the case and further, in view of the underlying principle enunciated by the Hon,ble Supreme Court and various other High Courts in the aforesaid Judgments that the convenience of the wife has to be given priorify/ preferen ce over the convenience of the husband, this court finds that the grounds urged by the petitioner seeking transfer of the oP are justifiablc and therefore, this Tr.cMp deserves to be alowed.

12. Accordingly, Tr.C.M.P. is allowed and FCOp.No.l3Z3 of 2023, pending on the h1e of Principal Family Court Judge, Kalpatharu at Hyderabad, is r,ransferred to the Court of Senior Civil Judge, Huzurabad, for disposal in accordance with law. 6

13. The Principal Family Court Judge' Kalpatharuvu at Hyderabad' shall transmit the entire original record in FcoP.No'1373 of 2023' duly indexed, to the Court of Senior Civil Judge at Huzurabad' within a period of one month from the date of receipt of a copy of this order' Pending miscellaneous applications' There shall be no order as to costs' if anY, shall stand closed' SD/-A.SREENIVAS A REDDY NT REGISTRAR ASSI //TRUE COPY// SECTION OFFI CER To, lThePrincipalFamilyCourtJudge.,KalpatharuvuatHyderabad a u:it [ :, l1"il!flillx"n:Hisrs:i' 4. One CC to Sri M VenKar 5. Two CD CoPies NVB/PSL Kr I I t. 1o ,'ri r^l "o 1E sEP n25 () i\ * HIGH COURT DATED:05 t}Otz}zs ORDER TRCMP.N o.24 of ZO2S ALLOWING THE TR.C.M.P c "rRqdY,r-r€'