The Honble Supreme Court in NCV Aishuaryd v. A.S.S,ardaana Karthik Shar held as follows

Petition under section '151 cPC praying that in the circumstances stated in the affidavit filed in support of the peUtion, the High court may be pleased to stay of all further proceedings in F. c. o. P. No. 1444 of 2023 on the file of rhe Judge, Family Court, R. R District at L. B. Nagar Counsel for the Petitioner(s): SRI KALYAN NANJULA Counsel for the Respondents: C SHARAN REDDY The Court made the fotlowing: ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY Tr.C.M.P.No. 5OS of 2o24 ORDER: This Transfer Civil Miscellaneous Petition is hled seeking transfer of F.C.O.P. No. 1444 of 2023 from the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar, filed by the respondent-husband, to the Court of Senior Civil Judge, Mahabubabab.

2. Heard Smt. Sravani, learned counsel representing Sri Kalyan Nanjula, learned counsel for petitioner on record and Sri C. Sharan Reddy, learned counsel for the respondent.

3. The brief facts leading to hling of the present Tr.C.M.p. are that ttre marriage of the petitioner-wife and respondent-husband was solemnized on 21.O2.2O2I at Kothagudem, Bhadradri- Kothagudem District, as per Sunni sect of Muslim Rights and that out of the wedlock, they were blessed with two male children, 1 I years and 8 years old respectively. After the marriage, the respondent and his family members subjected the petitioner to cruelt5r mentally and physically for want of additional dowry and the petitioner was necked out from the matrimonia,l house and that she was unable to bear the torture of the respondent and his family members. On 19.O9.2023 the petitioner lodged a complaint to the Station House Officer, PS Kesamudram, Mahabubabad 2 LNA. J Tr.CMP.No50s o12024 District which was registered as a case in Cr.No.171 of 2023 for the offence under Section 498-A IPC against the respondent and the same is pending. The petitioner and her children are residing *ith her parents at Kesamudram.

4. Learned counsel for the petitioner submits that the respondent filed FCOP No.I444 of 2023 before the Judge, Family Court, Ranga Reddy District at L.B. Nagar seeking restitution of conjugal rights. The petitioner further averred that she is depending on her parents and has no independent income and has to take care of her two minor children and that the distance from Kesamudram to Hyderabad is 220 KMs and the petitioner is not in a position to travel such a long distance as she has to take care of her minor children. It is further submitted that in view of the strained relationship between the petitioner and the respondent, there is a threat to the petitioner in the hands of the respondent. It is also stated that for every hearing, the pelitioner has to take assistance from her family members to appear before the Judge, Family Court, Ranga Reddy District at L.B. Nagar. Hence, she prayed to transfer the F.C.O.P. No.1444 of 2023 from the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar to the Court of Senior Civil Judge, Mahabubabad. Moreover, no prejudice will be I 3 LNA, J Tr.CMP.No505 of2024 caused. to the respondent if F.C.O.P. No.1444 of 2023 IS transferred to the Court of Senior Civil Judge, Mahabubabad' lrarned counsel for the respondent filed counter denying 5. the allegations and contended that the family rnembers of the petitioner demanded the respondent to stay in their house as illatum son-in-law and when he refused, petitioner left to her parents' house along with children. As such, he Iiled FCOP No.1444 of 2023 seeking restitution of conjugal rights and further submitted that the respondent is residing at Hyderabad and if the FCOP is transferred to Senior Civil Judge Court at Mahabubabad, he would be put to great hardship and prayed to dismiss the petiLion.

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

7. The underlying principle governing the proceedings under Section 24 of ttre 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 sarne was foliowed by various High Courts. 4 LNA, J Tr.CMP.No505 of2024

8. The Honble Supreme Court in NCV Aishuaryd Vs. A.S.S,ardaana Karthik Shar held as follows: "9. The cardinal principle for exercise of pouer under Section 24 of tle Code of Civil Procedure is that the ends of justice should demand tLrc transfer of the suit, appeal or other proceeding. In matimonial matters, whereuer Courts are called upon to consider the plea of transfer, tle Courts haue to take into consideration the economic soundness of both tLrc parties, tlrc social strota of the spouses and their behauioural pattem, their standard of life prior to the motrioge and subsequent thereto and tle circumstances of both tLrc porties in eking out their liuelihood and under uhose protectiue umbrella they are seeking their sustenance to life. Giuen the preuailing socio- economic paradigm in tte Indian societg, generallg, it is tte wife's conuenience uhich must be looked at uthile consideing transfer."

9. The principle of law laid down by the Hon'ble Supreme Court in N.C.V.Aishuarya's ctrse (2nd cited s-uprd[ has been reiterated by the High Court of Bombay in Deulka Dhiraj Patil Nee Devika Jagprakash Buttepatil o. Dhiraj Sunil PatiP, and observed as under:- "In a country like India, important decisions such as marriage, diuorce are still taken uith the guidance and blessings of elders in the 1 2022 SCC Online SC 1199 2 12023 SCC OnLine Bom 1926) 5 I,NA. J Tr.CMP.No505 of2024 familg. For a ladg to trauel alone for the proceedings to a Court uhere the fate of her manriage is going to be decided uithout ang familg member uould definitely be a matter of cause not onlg Phgsical concerrl ond but olso emotional and inconuenience P sg cLalogical inconuentence

10. Further, the High Court of Bombay in Prigankr: Rahul Patil a. Rahul Ravindra Pati9 followed the principle laid down in N.C. V.Aish utarya's case.(2'd crted' supra\ and Dedka Dhirai Patil Nee Devtka Jagprakash Buttepatil's case (3'd cited supral, and held as follows:- pinciPle gouemtng Section of the CPC, is "The underlging Proceedings under conuenience of tle taife i-s to be preferred ouer the conuenience of the husband'"

11. Thus, there is a catena of decisions of the Hon'bie Supreme Court and other High Courts to the effect that in matrimonial matters/ disputes, while considering the application for transfer of the proceedings from one Court to another Court' the Courts must prefer the convenience of the wife over the convenience of the husband' r- 3 (2023 scc onLine Bom 1982) 6 LNA, J Tr.CMP.No505 of2024 n L2. Presentf Tr.C.M.P. is hled principally on the ground that the petitioner has no independent income and she is dependent on her parents and she has to take care of her two minor children. It is further averred that the distance between Kesamudram to Hyderabad is about 220 KMs and that with two minor children, she cannot travel from Kesamudram to Hyderabad, on each and every date of adjournment. She is apprehending assault by her husband if she comes to Hyderabad to attend the Court proceedings in F.C-O.P. No. 1444 of 2023 and therefore, it is appropriate that the F.C.O.P. No.1444 of 2023 can be adjudicated by the Senior Civil Judge, Mahabubabab.

13. 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.

14. Accordingly, this Transfer C.M.P. is allowed and the F.C.O.P. No. 1444 of 2023 pending on the hle of the Judge, Family Court, Ranga Reddy District at L.B. Nagar, is withdrawn and transferred to the Court of Senior Civil Judge, 7 Tr.CMP.No505 of2024 LNA. J Mahabubabab for disposal in accordance with law. However, Senior Civii Judge, Mahabubabad, is directed to insist appearance of the respondent only when his presence is required.

15. The learned Judge, Family Court, Ranga Reddy District at L.B. Nagar, shall transmit the entire original record in F.C.O.p. No.1444 of 2023 duly indexed, to the Court of the Senior Civil Judge, Mahabubabad, preferably within a period of one month from the date of receipt of a copy of this order. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. Sd/. N. SRIHARI UTY REGISTRAR DE //TRUE COPY// ..1 SECTION OFFICER To, '1. The Judge, Famity Court, R. R District at L. B. Nagar 2. The Sen-ior Civil judge Mahabubabad District 3. One CC to Sri Kalyan Nanjala Advocate t9I-Ug]- 4. One CC to Sri C Sharan Reddy,Advocate[OPuc] 5. Two CD CoPies SM/PSL HIGH COURT DATED: 1910612025 ORDER TR.C.M.P.No.505 ot 2024 sErlTRoe X4 o (J t+o t 12 rlJ8 M ( i! oCt^. , r-rrl: ALLOWING THE TR.C.M.P