The Hon ble Supreme Court in NCV Aishu.tarya v. A.S.Saraoana Karthik Shal held as follows

Counsel for the ResPondent : SRI B. NAGESH The Court made the following : ORDER .,/ ',1./ , HON'BLE SRI IUSTICE LAXMI NARAYANA ALISHETTY Tr.C.M.P.No. 424 of 2024 ORDER: - This Transfer Civil Miscellaneous Petition is filed seeking transfer of H.M.O.P.No.231 of 2024 from the file of the Principal Senior Civil ]udge-cum-Assistant Sessions Judge at Siddipet, to the Court of the Principal Family CourtJudge at Secunderabad.

2. Heard Sri K.Karunakar, the learned counsel for the petitioner and Sri B.Nagesh, the learned counsel for the respondent

3. Petitioner herein is wife and respondent herein is husband

4. The brief facts leading to filing of rhe present Tr.C.M.P. are that the marriage of the petitioner-wife was solemnized with the respondent-husband on 70.02.2023 at K.N.R. Gardens, Kodakandla Village, Gajwel Mandal, Siddipet Disrricr and she joined the matrimonial house. However, she was ill-treated by the respondent and his family members. Unable to bear the physical harassment and abuses by them, the petitioner left the matrimonial company of the respondent and filed F.C.O.p.No.399 of 2024 on the file of the Principal Family Court at Secunderabad, 2 LNA. J TrCMP.No.424 of2024 under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights. Later, the respondent filed H.M.O.P. No. 231 of 2024 on the file of dre Principal Senior Civil Judge at Siddipe! for dissolving the marria ge. 5 Leamed counsel for the petitioner apart ftom the averments made in the affidavit had contended that presently, the petitioner IS residing with her parents at Rasoolpura, Secunderabad and is financially dependent on them. He would further submit that the parents of the petitioner are senior citizens and they are suffering with serious health issues and petitioner lost her brother one year ago. He also submits that there is no other male support to the petitioner and also petitioner 15 currently pursuing her B.Com degree and it is difficult to attend the Court at Siddipet on every date of hearing and that the distance between Siddipet and Secunderabad is approximately 100 K.Ms. Therefore, he prayed to allow the Tr.C.M.P by transfering the H.M.O.P. filed by the respondent to the Principal Family Court at Secunderabad. ;, 3 LNA, J TrCMP.No.424 of2024

6. On the other hand, learned counsel for the respondent would submit that petitioner already completed her B.Com education through Distance Education and appeared in her final year exam. He would further submit that respondent mother is suffering from spinal disc problems and is bedridden since 2022 and father is suffering from old age ailments and it is difficult for the respondent to look after his parenbs and attend the Court at Secunderabad. Therefore, prayed to dismiss the Transfer C.M.P.

7. This Court considered the submissions made by learned counsel for both the parties. Perused the material available on record.

8. 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.

9. The Hon ble Supreme Court in NCV Aishu.tarya Vs. A.S.Saraoana Karthik Shal held as follows: I 2022 SCC Online SC 1199 4 LNA, J TtMP.No.42l of 2024 " The cardinal pincipb for exercie of pouer under Section 24 of the Code of Cioil Procedure is that tle ends of justica shouLd demanil the transfer of the suit, appeal or other proceeding. [n mntimonial rwtters, whereoer Courts are ctlleil upon to consider tht plea of transfer, the Courts luue to take into considerution the emnomic soundness of both tle parties, thc *cial strata of the spouxs and thcir behnaioural pattem, their stanilard of lile pior to the marriage and sub*quent thereto and the circamstances of both the parties in eking out their liuetihood and. under wlne probctioe umbrella tluy are xeking their susttturut to life. Gioen the prmailing socio- economic paradigm in the lndtan nctety, generally, it is the wile's conoeniencz which must be looktd at whib ansidzing transfer."

10. The principle of law laid down by the Hort'ble Suprerne Court in N.C.V.Aishuarya's case (3'd cited supra), has been reiterated by the High Court of Bombay b. Deoika Dhiraj Patil Nee Deoika fayprakash Buttepatil a. Dhiraj tonU, po1;lz, and observed as under:- "ln a auntry like Indu, iruportant fu:cisions such as marriage, diaorce are still taken uith tla guidane and bbssings of elders in tle fnmily. For a hdy to traoel alone for the proceedings to a Court uhere tle fiE of her marriage is going to fu decide d witlmut rny fnmily member unuld ilefinitely be n matter of concem and cause not only physicnl inmntniene but aLn emotional and psychalogical inconoenienct." 2 IZOZ3 SCC Online Bom 1926) E----r 5 LNA, J TrCMP.No.424 of2024

11. Further, the High Court of Bombay in Piyanka Rahul Patil o. Rahul Raoiniba Patilz followed the principle laid down n N.C.V.Aishu)arya's case (3td cited supra) and Deoika Dhiraj Patil Nee Deztika fayprakash Buttepatil's case (4h cited supra), and held as follows:- "The underlying pinciple gooerning the proceedings under Section 24 of the CPC, is thnt conoenience of the ltife is to be preferred ooer the anoenience of the husband."

72. Thus, there are catena of decisions of the Hon'ble Supreme Court and other High Courts to ttre effect that in matrimonial matters/disputes, while considering the application for transfer of ttre proceedings from one Court to another Court, the Courts must give preference to the convenience of the wife over the convenience of the husband

13. In the present case/ a perusal of the record discloses that the petitioner ls seeking transfer of the H.M.O.P. filed by the respondent from the Principal Senior Civil |udge at Siddipet, to the Principal Family Court, Secunderabad, on the ground that she is a student and she is dependent upon her parents and has to 3 1zoz3 scc Online Bom 1982) \- 6 LNA, J TrCMP.No.424 oJ2024 lookaftertheheroldageParentsandtherefore,itisdifficultfor her to travel from Secunderabad to SiddiPet on every date of adjournment. The F.C.O.P. No' 399 of 2024' is filed by the petitioner for restitution of conjugal righs which is pending before the Principal Family Court at Secunderabad and whereas' H.M.O.P. No. 231 of 2024 is filed by the respondent for dissolution of marriage, which is pending before Principal Senior Civil Judge at Siddipet. Therefore, it is appropriate that both the cases be adjudicated by the same Court to avoid conflicting decisions.

14. Therefore, 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 petitioner/wife has to be given priority/ preference over the convenience of the respondent/husband' this Transfer CMP deserves to be allowed.

15. Accordingly, this Transfer C'M'P is allowed and H.M.O.P.No.231 of 2024 pending on the file of Principal Senior Civil Judge at Siddipet, is withdrawn and transferrgd t9 qhs filg .E'). 7 TrCMP.No.424 of2024 LNA, J of the Principal Family Court, Secunderabad, for disposal in accordance with law. 1,6. The Principal Senior Civil Judge at Siddipet shall rransmit the entire original record in, H.M.O.p.No.23L of 2024 duly indexed, to the principal Family Court, Secunderabad, preferably within a period of one month from the date of receipt of a copy of this order. Pending miscellaneous applications, rI any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/. MOHD. ISMAIL DEPUTY REGISTRAR rL SECTION OFFICER To, Sessions Judge at Siddipet. t The Court of the principal Senior Civil Judge _cum_ Assistant 2 The Principal Family Court Judge at Secunderabad. 3. One CC to SRt K. KARUNAKAR, Advocate tOpUCl 4. One CC to SRt B. NAGESH, Advocate [OpUCl 5, Two CD Copies Pcsd/gh k: HIGH COURT DATED:0610312025 /a' :-':==:r,r\ .r'c.S/'A;;\-. - o^.'\ . )'' .'. AUG zffi i,) (.. j\ l-) ii ..: =j- o( e ll) 25 * ORDER TRCMP.N 0.424 ol 2024 ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION =r*fd \0 r?*