The Hon'ble Supreme Court in NCV Aishwatya v. A.S.Saravana Karthik Shut held as follows

HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANE OUS PETITION No.500 o1202.4 ORDER: This Transfer Civil Miscellaneous Petition is filed seekins to translbr F.C.O.P.No.593 of 2022 on the file of the learned ll Additional District and Sessions Judge-cum-Family Cour1, Medchal Matkajgiri at Medchal District to the Courl o[ learned Senior Civil Judge at Mahabubabad, Mahabubabad District

2. Heard Sri Angothu Nehru, learned counsel for the petitioner. No representation on behalf of the respondent, despite service of notice. Therefore, the matter is disposed of basing on the material available on record

3. The Brief facts leading to filling of the present Tr.C.M.p are that the mariage of the petitioner-wife was solemnized witl.r the respondent-husband on 04.06.2015 at Ramchandru Thanda, Peddavangara Mandal, Mahabubabad District, as per the prevailing customs in their community. However, soon after marriage, she was ill-treated and unable to bear the physical harassment and abuse by respondent, and his family members, \ \ 2 1,N.1. J l,C,vP.)\o.s00 of 202J for want of additionat dowry, the petitioner was forced to leave matrimonial house and she is presently residing at her parents house at Ramachandru Thanda Village, Peddavangara Mandal, Mahabubabad District. Thereatter, the petitioner ltled D.V.C.No.l5 of 2021 before the learned Judicial First Class Magistrate at Thomrr against the respondent and his family members and the same is pending. She also lllcd M.C.No 3 of 2022 before the leamed Junior Civil Judgc cum Judicial Magistrate of First Class at Thomrr seeking maintenance of Rs. 15,000/- p.m., however, the said court vide order dated

20.05.2022, granted maintenance of Rs.5,000/- per month to the petitioner. She also lodged a complaint in Crime No'64 of 2020 on 05. t0.2020 for the offence undel Sections 420, 494,506 read with 34 of IPC before Peddavangara Police Station and the same is pending and she also lodged another complaint vide Crime No. t9 of 2020 for the offence under Section 498-A ol IPC and Sections 3 and 4 of Dowry Prohibition Act, 196l before Peddavangara Police Station and the same is pending. Meanwhile, the respondent as a counter blast has hled F.C.O.P.No.593 of 2022 before the II Additional District and ) J LNA. J T.CMP.No.i00 of 2024 Sessions Judgc-cum-Family Court, Medchal Malkajgiri seeking tdivorce

3.1. lt is further avemed that at present, the petitioncr is taking shelter in her parent's house in Ramachandru Thanda Village, Peddavangara Mandal,Mahabubabad District and she is financially dependent on her parents. The respondent only to harass the petitioner has filed the FCOp at Medchat. l'he distance betrveen Mahabubabad District to Medchal is rnore than 190 kms and it is difficult for her to travel alone from Mahabubabad to Medchal to attend the Court proceedings on each date of hearing, which is burdensome on her parents. In those set of circumstances, the petitioner filed the present Tr.C.M.P.

4. Learned counsel for the petitioner apart fiom the averrnents made in the affidavit has contended that the respondent is attending both the matters i.e., M.C and D.V.C which are pending before the learned Judicial First Class Magistrate, at Thomrr. Therefore, no inconvenience will be 4 LJ\-A, J TrC,vP.No.;00 of2021 caused to the respondent to attend the Court proceedings and hence, prayed to allow the present Tr.CMp.

5. This Court considered the submissions made by learned counsel for the petitioner and perused the material available on record

6. 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.

1. The Hon'ble Supreme Court in NCV Aishwatya Vs. A.S.Saravana Karthik Shut held as follows: " The cardinal principle.[or exercise of power under Section 24 of the Code of Civil Procedure is that the ends ofjustice .should demand the transfer of the suit, appeal or other . proceeding. In matrimonial matters, wherever Courfs are called upon to consider the plea of transfer, the Courts have to take into consideration the economic sounclness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and | 2o2z sf Online SC 1199 (_r 5 LN'{. J T t C,rt P. t\ o. 5 00 /tf 2 0 2 t subsequenl thereto attd the circumstances of both the parties in eking oltt their livelihood and under whose protective umbrella the! nve. seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society- generally, it is the wiJe's convenience which must be looked at vthile cottsitlt'rittg t rart.s fer-

8. The principle of law laid down by the Hon'ble Suprenre Cou( in N.C.V.Aishwarya's cuse (3'd cited suprs), has been reiterated by the High Court of Bombay in Devika Dhirai Patil Nee Devika Ja.yprukash, Buttepatil v. Dhiraj Sunil Patil, and observed as under:- " [n a country like India, important decisions such as morriage, divorce are still taken with tlte guidonce utul hlessings ol elders in the family. For a latl_v lo tra|el alone for the proceedings t0 d CoLtrt u'here the .fate of her marriage is going to be decidetl w'itholtt any .fami|y member would de/initellt be a matter of concern and cause not only plqr'sical inconv'enience but also emotional o nd psycho lo g i cal inco nvenience. "

9. Further, the High Court of Bombay in Priyanka Ralrul Patil v. Rahul Ravintlra Patil' followed the principle laid dor,vn ' IZOZ:fCC OnLine Bom 1926) r (2023 SCC Online Bom 1982) r.l|- q I 6 LN,1. J TrcllP.No.t00 oI202J \ in N.C. V.Aishwarya's case (3"r cited supra) and Devika Dhirai Paiil Nee Devika Jayprakash Buttepatil's case (4'h cited supra), and he ld as follows:- "The underlying principle governing lhe proceedings Lrntler Section 24 ol the CPC, is that convenience of the wife is to be preferred over the convenience of tlte husband.

10. Thus, there are catena of decisions of the Hon'ble Supreme Court and o[her High Coufis to the eff'ect that in rnatrimonial matters/disputes, while considering the application for transfer ofthe proceedings from one Court to another Court, the Courts must give preference to the convenience of the wife ovei the convenience of the husband. I l. In the present case, a perusal of the record discloses that the petitioner is seeking transfer of the F.C.O.P. filed by the respondent from the leamed II Additional District and Sessions Judge-cum-Family Court, Medchal Malkajgiri at Medchal District to the Court of learned Senior Civil Judge at Mahabubabad, Mahabubabad District, on the ground that she is depcndent upon her parents and for every hearing, she has to 1 I-,\A, J IiCMP.No.500 ol )024 I I take assistance lrom her tamily members. 'fherelbre, it is difficult for her to travcl fiorn Mahabubabad to Medchal Couft on every date of adjournment in view ol long distance o{' 190 kilometers

12. Atso, it is relevant to nbtc that the cases r,r:., MC and DVC between the parties are flied belbrc the Courts at Thorrur, whereas FCOP filed by the respondent-husband pending before the Court at Medchal Malkajgiri I3. In the facts and circumstances of the case and in the light of the principle laid down in the afbresaid decisions, this Court is inclined to acccde to the request of thc petitioner-rv il'e seeking transfer of the case \ I

14. Therefore, in view ol- the underlying principle enunciate<l by the Hon'ble Supreme Court and various other lJigh Courts in the aforesaid judgments that the convenience of the petitioner/wife has to be given priority/preference over tht: convenience o1'the respondent/husband, this TT.CMP cleserves to be allowed. \. I LNA. J TtCtff.No.i00 of 2021 -)

15. Accordingly, this Tr.C.M.P. is allowed and FCOP.No.593 of 2022 on the file of the learned II Additional District and Sessions Judge-cum-Family Cour1, Medchal Malkajgiri at Medchal District is transfened to the Court of learned Senior Civit Judge, Mahabubabad, Mahabubabad District, for disposal in accordance with law

16. The learned II Additional District and Sessions Judge- cum-F'amily Court Judge, at Medchal Malkajgiri, shall transmit the entire original record in FCOP No.593 of 2022, duly indexed, to the Court of learned Senior Civil Judge, Mahabubabad, Mahabubabad District, preferably within a period of one month ftom the date of receipt of a copy of this order. l'7. Pending miscellaneous applications, if any, shall stand closed. Thcrc shalt be no order as to costs. /ffRUE COPY// SD/- MOHD. ISMAIL o PUTY REGISTRAR ECTION OFFIGER To,

1. The Court of the ll Additional District and Sessions Judge -cum- Family Court, Medchal Malkajgiri at Medchal.

2. The Court of the the Senior Civil Judge at Mahabubabad, Mahabubabad district.

3. One CC to SRl. ANGOTHU NEHRU Advocate TOPUCI 4. Two CD CoPies ry- HIGH COURT DATED:1010412025 ORDER TRCMP.No.S00 oit 2024 THE S 14 t o 16 JUL 2m5 ..t :') _.---:i: ::-.; ;..' (J T * ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION (, 7 E ----