It is pertinent to note that in respect of transfer of vs Kishore Babulal Paradeshir and Sumita singh Vs. Kumar Sanjay

Petition Under section 24 of the c.p.c. praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to withdraw the H.tvl-o.P.No.76 ot 2024 from the file of the principal senior civit Judge cum Addl. Assistant sessions Judge at siddipet and transfer to the senior civil Judge, Karimnagar. lA NO: 'f OF 2024 Petition under Section '151 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 H.M.o.p.No. 76 of 2024 from the file of the Principal Senior civil Judge cum Addl. Assistant sessions Judge at siddipet. Counsel for the Petitioner: Sri Ponnam Mahesh Babu Counsel for the Respondents: Sri B. Nagesh The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. SUJANA Tr.C.M.P.No.4lO of 2o24 ORAL ORDER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, 19O8 (for short 'CPC) seeking transfer of HMOP.No.76 of 2024 pending on the file of the Principal Senior Civil Judge Cum Additional Assistant Sessions Judge, at Siddipet, to the file of the Senior Civil Judge, Karimnagar.

2. Heard Sri Ponnam Mahesh Babu, Iearned petitioner/wif e, and Sri B.Nagesh, learned. counsel for "or.r""1 fo. respondent/ husband.

3. l,earned counsel for the petitioner submitted that the action of respondent in filing H.M.O.P. No. 76 of 2024, seeking divorce under Section t3(t)(ia)(ib) of the Hindu Marriage Act, 1955, at Siddipet, is a deliberate attempt to harass and intimidate the petitioner. He contended that the respondent and his family members had demanded dowry and subjected the petitioner to domestic violence immediately after marriage, forcing the petitioner to file a complaint, which was registered as FIR No. 17 of 2024, under Sections 498A, 506 of IPC, and Section 4 of the DP Act, before Karimnagar Women Police Station. He asserted that the act 2 SKS,J Tr C.M.P.No.410 of 2024 of respondent to file the H.M.O.P. at Siddipet, despite the residence of petitioner being in Asif Nagar, Karimnagar, and the pending criminal case, is a clear attempt to cause hardship and emotional trauma to the petitioner. He averred that attending C6urt proceedings at Siddipet would require petitioner traveling alone, which would be unsafe and cause signihcant hardship to her. He pointed out that there are already pending cases in Karimnagar, including a DVC case and an HMOp under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights. Therefore, he prayed this Court to allow this petition, transfeiring HMOP.No.76 of 2024 to the Court of Senior Civil Judge, Karimnagar

4. On the other hand, learned counsel for respondent submitted that the respondent filed HMOp.No.T6 of 2024 tn the month of February 2024 and subsequent to filing of the said HMOP., the petitioner liled DVC case and restitution of conjugal rights case against the respondent. He contended that the respondent is suffering with health issues, therefore, prayed this Court to dismiss the petition.

5. Having regard to the rival submissions made and on going through the material piaced on record, it is noted that petitioner filed three cases against the respondent in Karimnagar and the =--- 3 SKS,J Tr.C.!,. P.No.4l0 of 2024 respondent is already attending the proceedings in the said cases. Both parties filed different petitions under Section 9 and 31 of the Act, that being so, there is absolute requirement for the said cases to be decided by same Court.

6. 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'b1e Supreme Court in the case of Rajani Kishor Paradeshi Vs. Kishore Babulal Paradeshir and Sumita singh Vs. Kumar Sanjay and another2. Hence, this Court is of the opinion that sufficient grounds are rrade out on facts and in law to accept the plea of the petitioner/wil-e to transfer HMOP.No.76 of 2024 from the Court of I , I the Principal Senior Civil Judge Cum Additional Assistant Sessions Judge, at Siddipet, to the Court of the Senior Civil Judge, Karimnagar.

7. Accordingly, the Transfer Civil Miscellaneous Petition is allowed. HMOP.No.76 ol 2O24 stands transferred from the Court of the Principal Se nior Civil Judge Cum Additional Assistant Sessions Judge, at Siddipet, to the Court of the Senior Civil Judge, Karimnagar. The Court concerned is hereby directed to transmit the entire case file relating to HMOP.No.76 of 2024 after duly ' (2005) t2 scc 237 ' aln 2oo2 sc a96 4 SKS,J Tr.C. M.t'.No.41O of 2024 indexed, within a period of one (1) month from the date of receipt of a copy of this order, under the due intimation of the same to the other side. However, considering the plea raised by the learned counsel for respondent with regard to hea.lth concern of respondent, the attendance of respondent in HMOP.No.76 of 2024 on the file of the Senior Civil Judge, Karimnagar, is dispensed with, unless his presence is specifically required during the course of trial, subject to the condition of respondent being represented by his counsel on every date of hearing. There shall be no order as to I CoStS. Miscellaneous applications, if any pending, shall stand closed. \ To, //TRUE COPY// Sd/. K. AMMAJI ASSIS A T REGISTRAR CTION OFFICER 1 The Principal senior civil Judge-cum-Additional Assistant sessions Judge at Siddipet The Senior Civil Judge, Karimnagar. One CC to Sri Ponnam lvlahesh Babu, Advocate tOpUCl 9r" 99 t-o Sri B Nagesh, Advocate tOpUCI Two CD Copies

2. J. 4. 5. VH/gh Yk .r' sEtl -teC)(( ( ,:) c) 19 FEB 70?5 'k*/ HIGH COURT DATED: 0810112025 ORDER TRCMP.No.410 of 2024 ALLOWING THE Tr.C.M.P. n coPfeA *"*