Further, the High Court of Bombay in Priganka Ra.lul Patil v. Rahul Ravindra PattF followed the principle laid down in N.C.V. Aishwarya's case

Petition Under Section 24 of lhe C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased to transfer the FCOP No. 93 of 2025 filed by the respondent on the file of ll Addl. District Judge cum Principal Family Court, Medchal-Malkajgiri At Kukatpally to Principal Family Court, Warangal lA NO: 2 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be Pleased to stay all further proceedings in FCOP No. 93 of 2025 on the file of ll Addl. District Judge cum Principal Family Court, Medchal-Malkajgiri at Kukatpally pending disposal of the Tr. CMP . Counsel for the Petitioner: SRl. MAMIDI VENU MADHAV Counsel for the Respondent: - The Court made the following ORDER: HON'BLE SRI JUSTICE LA>(MI NARAYANA ALISHETTY Tr.C.M.P.No. 184 of 2o.25 ORDER: This Transfer Civil Miscellaneous Petition is filed seeking to transfer F.C.O.P.No.93 of 2025, pending on the hle of the learned ll-Additionat District Judgecum-Principal Family Court, Medchal-Malkajgiri, at Kukatpally, to the Principal Family Court, Warangal.

2. Heard Sri Mamidi Venu Madhav, learned counsel for petitioner and there is no represcntation on behalf of the respondent, despite service of noticc. Therefore, the matter is being disposed of basing on the material available on record.

3. The briet facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., as averred in the affidavit hled in support of thc Tr-C.M.P., are that petitioner and respondent are wile and husband and their marriage was performed on 27.12.20 18, at Badrakali Temple, Warangal District, as per Hindu rites and customs prevalent in their community; that after marriage , she joined matrimonial house of respondent and out of the wedlock, they were blessed with a female child, who is now aged aboul 3 years; that few days after the marriage, disputes arose betwccn them and the respondent Itled F.C.O.P.No.93 o[ 2O25. against the petitioner, seeking ,/t-/t 2 divorce on the file of Il-Additional District Jucllle_cum-principal Family Court, Medchal-Malkaj giri, at Kukatpal J 1,.

4. Learned Counsel for the petitioner wouki submit that petitioner was residing with her parents at \\rrtrangal and she has to take care of her minor child and therefort:. it is difhcult to her to travel all the way from Warangal to Me:dchal_Malkajgiri, '"vhich is at a distance of more than 140 Knts.., to attend the Court proceedings in F.C.O.p.No.93 ol 2025,,.rn e:rch da[e of hearing and hence, prayed to allow this Tr.CMIr.

5. It is relevant to refer to the underlying principlc governing the prcrceedings under Section 24 of Lhe CpC se r.king rransfer of [he case, appeal or other proceedings, u,hich ls; r:nunciatcd by the Hon'blc Supreme Court in a catena o[ judslnrcnts and the same was lollowed by various High Courts.

6. The Hon'ble Supreme Court in NCV AishLwarya Vs.A.S. Sarauq,na Karthik Shcrheld as follows: "Ttte cordinol pinciple for exercise of potuer und"er Section 24 of the Code of Ciuil procedure. is that the ends of justice should demand the transJi:,- ()f the suit, appeal or otlrcr proceeding. In matimonial matters, uthereuer Courts are called upon to anstder the plea of transfer, the Courts tnue to take into consi:le,ration the economic soundness of both the parties, the social SCC Online SC 1199 1022 I 3 strato of tle spouses ond ttoir behauioral pattern, th.eir standard of life pior to the marriage ond subsequent tlrcreto and the circumstances of both the parties in eking out tleir liuelihood and under uhose protectiue umbrella they are seeking their sustenonce to ltfe. Giuen the preuailing socio- economic paradigm in the Indian societg, generallg, it is the uife's conuenience which must be looked ot while considering transfer.'

7. The principle of law laid down by the Honble Supreme Court in N.C.V. Aishrlu,arya's case (3'd cited supra), has been reiterated by the High Court of Bombay in Devika Dhiral Pattl Nee Devika Jagprakash Buttepatil a. Dhiraj Sunil PatlP ' and observed as under: - . "In a country like India, important decisions such as marriage, diuorce are still taken t uith the guidance and blessings of elders in the fomilg. For a lady to trauel alone for ttrc proceedings to a Court uthere the fate of her matriage is going to be decided without ang familg member uould definitely be a matter of con(prn and cause not only phgsical inconuenience but also emotional and p sgcLnlogical inconuenience. "

8. Further, the High Court of Bombay in Priganka Ra.lul Patil v. Rahul Ravindra PattF followed the principle laid down in N.C.V. Aishwarya's case (3rd cited supra) and Dealka 'zlzoz: SCC onLine Bom 1926) 31ZOZ: SCC OnLine Bom 1982) 4 Dhirqj Patil Nee Deuika Jagprakash Buttepatil,s case (4d, cited supra), and held as follows: - "Tl1e underlging pinciple gouemin g the proceedings under Section 24 of the CpC is that conuenience of th_e wife is to be prefernzd ouer the conuenience of th.e husband."

9. l'hus, there are catena of decisions r>f thc Hon,ble Suprcme Court and other High Courts to th r: effect that in matrimonial matters/disputes, while c,:,nsidering the applica tion for transfer of the proceedings fro r:-r one Court to another Court, the Courts must give prcl::rence [o the convenicnce of the wife over the convenience of t ltc husband. 10- It- is apt to note that admittedly, the petiti rner is residing rvith hcr pzrrents at Warangal and she has to t,rke care of her minor <:hild aged about 3 years, and as such, i: u,oulcl be quiet difficult for her to travel all the way from Waran,1a1 to Medchal- Malkajgiri, covering distance of about I4O Kms.. to attend the Court proceedings in F.C.O.p.No.93 of 2025.

11. For the foregoing reasons and further, ;n vievv of the underlying principle enunciated by the Hon,btc fjupreme Court and various other High Courts in the aforesaid judgments that the convenience of the wife has to be given prir>:ity/ preference over the convenience of the husband, this Court finds that the grpunds urged by the petitioner seeking transfer ol- rhe p.C.O.p , ' "... ) are justifiable and therefore, this TT.CMP deserves to be allowed.

12. Accordingly, this Tr.C.M.P. is allowed and F.C.O.P.No.93 of 2025, pending on the hle of learned Il-Additional District Judge-cum-Principal Family Court, Medchal-Malkajgiri, at Kukatpally, is transferred to the Principal Family Court, at Warangal, for disposal in accordance with law.

13. The learned Il-Additional District Judge-cum-Principal Family Court, shall transmit the entire original record in F.C.O.P.No.93 of 2025, duly indexed, to the principal Famity Court, at Warangal, preferably within a period of one month from the date of receipt of a copy of this order.

14. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. SD/- M.JAWAHAR REODY TANT REGISTRAR //TRUE COPY// S CTION OFFICER To i Malkajgiri at Kukatpaltv.

1.The ll Addl. District Judge cum principal Family Court, Medchal- 2. The P-rincipal Family Cburt, Warangat. !. pne Qc-tg SRt. MAit tDtVENU MA6HAV, Advocate [opuc] 4. Two C.D.Copies kul/PS I- r' I -:l lr. \.. fl3 stP 2p5 ,/ .i' HIGH COURT DATED:2910712025 ORDER TRCMP.No.'184 ot 2O2S ALLOWTNG THE TR. ('MP WITIIOTJT COSTS q lr^,( 1