The Hon'ble Supreme Court in NCV Aishuarya v. A.S.Saraoana Karthik Shalheld as follows

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 proceed ings including appearance of petitioner in H.M.O.P No.20 of 2024 on the file of Hon'ble Senior Civil Judge At Wanaparthy, pending disposal of the Tr.C.M.P. Counsel for the Petitioner : Sri. C. Buchi Reddy Counsel for the Respondents : - The Court made the following: HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY Tr.C.M.P.No. 509 of 2024 ORDER: This Transfer Civil Miscellaneous Petition is filed by the petitioner-wife seeking hansfer of H.M.O.P.No.20 of 202,1 from the file of the Senior Civil Judge, Wanaparthy, filed by the respondent-husband, to the Court of the I Additional l,-amily Court, at Medchal, Medchal-Malkajgiri District.

2. Heard Sri C. Buchi Reddp leamed counsel for the petitioner and notice sent to the respondent refurned as rr:fused, therefore, service cleemed sufficient and the matter is dir;posed basing on the material available on record.

3. The brief facts leading to filing of the present Tr.C.M.P. are that the marriage of the petitioner-wife was solemnized with the respondent-huslrand on 07.05.2009 at residence of the respondent at Pebbair Village & Mandal, Hyderabad, as per the pre',,ailing customs in Hindu Religion. Immediatelp after marriage, petitioner joineci conjugal life with the respondent and out of their wedlock, petitioner was blessed with a male child. .As the respondent was not having any job, petitioner father provided .1: :r' 2 LNA. J Tr.CMP.No.509 of2024 him headmaster job in Dikhsa High School where, resPondent entered into a illicit relationshiP with another women namely Dhara Mounika, who was working as clerk in the said school and hatched a plan to marry her. Knowing the same, Petitioner and her relatives wamed the respondent and since then respondent started beating and abusing the petitioner. Later, petitioner came to know that the resPondent got married to the Dhara Mounika secretly and when the petitioner asked about the same, respondent started harassing the petitioner physically and mentally and threatened petitioner and her Parents with dire consequences.

4. Therefore, petitioner filed a case against the respondent vide Cr.No.1005 of 2003, Under Section 494 & 498 A of IPC on the file of the P.S. Jeedimetla, Cyberabad District and after investigation police filed charge sheet.

5. Later, respondent left the petitioner and started living with his iltegal wife and filed H.M.O.P.No.20 of 2O24 betore Principal Senior Civil Judge at Wanaparthy, under Section 13(1)(i-a)(iii) oi J LNA, J Tr.CMP.No.!;(9 of 2024 Hindu Marriage Act for granting Divorce by dissolving the marriage and the same is pending for adjudication.

6. It is further stated that respondent has violent behavior towards the petitioner and unable to bear the torlure and harrrasment of the respondent, his own father and sis ters filed complaint against the respondent at P.S. Pebbair and the same was registered as Crime No.261 of 2024 and also various cases were registered against the respondent vide Crime No.tt of 2004, Crime No.10 of 2O24 and FIR No. 623 of 2024. In those circumstances, petitioner started staying with her parents in Hyderabad and irr view of strained relationship behveen the petitioner and the respondent, it is difficult to attend the H.M.O.P.No.20 of 2024 for each and every hearing and l'urther as she has to take care of her minor child. Hence, prayed ito transfer the same to I Additional Family Court, at Medchal, Medchal Malkajgiri District

7. This Court considered the submissions nrade by Iearned counsel for the pretitioner and perused ther material available on record 4 LNA. J TICMPNo.509 of2024

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 Aishuarya Vs. A.S.Saraoana Karthik Shalheld as follows: "9. The cardinal pnnciplc for exercise of pouer under Section 24 of the Code of Ciail P rocedure is that the ends of justice shauld demand the trnnsfer of the suit, appeal or other proceeding. ht matimoninl matters, zuhereoer Courts are called upon to consider tlrc pba of transfer, the Courts haoe to ta!,e into consideration the economic soundness of both the parties, the social strata of the spouses nntl their behnaioural patfurn, their standard of life pior to the marringe nnd subsequent thereta anil the circumstances of botlt the parties in eking out their lioelihmd and under whose protectiue umbrella they are seeking their sustenance to life. Gitten the preuniling socio- economic paradigm in the lndian nciety, generally, it is tlu toife's cont enience uhich must be lool<ed at uhile considering transfer. " I 2022 SCC Online SC 1199 5 Tr.CMP.No.5C9 of2024 LNA, J

10. The principle of Iaw laid down by the Hon ble Supreme Court in N.C.V.Aishzoarya's case (2'td cited supra), has been reiterated by dre High Court of Bombay in Detsika Dhiraj Patil Nee Deoika layprakash Buttepatil o- Dhiraj Sunil Patilz, and observed as under:- "In a country like India, importnnt decisions such as marriage, diaorce are still taken uith the guidance an,l blcssings of eklers in the fnmily. For a lady to traoel alone for tle proceedings to a Court uhere the fate of her marriage is going to be decided without any famil l member ruould definitely he n matter of ancern and cause t:ot only plrysical inconuenience but also e mol io t n I n nd psychologicrl i ncom'e n ie nce

11. Further:, the High Court of Bombay in Priyanka Rahul Patil o. Rahul Raztirtdra Patilt followed the principle laid down rn N.C.V.Aishtoaryats case (2nd cited supra) and Deztika Dhiraj Patil Nee Deoika layprakash Buttepatil's case (3rd citrrd supra), and held as follows:- "The rmrle rLrlirrg principLe gotening tlrc proceedings under Section o.f t|rc CPC, is tlmt conuenience of the ruit'e is to be preferrad otrr tlrc conttenience of tlu lrusbnnd." r leOZ: SCC Online Bom 1926) 12OZ: SCC OnLtne Bom 1982) 3 6 LNA, J Tr.CMP.No.509 of2024

12. Thus, there are catena of decisiors of the Hon,ble 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 Cour! the Courts must prefer 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 is residing with her parents. [n view of the strained relationship between the petitioner and respondent, the petitioner raised a complaint vide Cr.No.1@S of 2fi03, under section 494 & 498 A of IPC on the file of the P.S. |eedimetla, Cyberabad District and after investigation police filed charge sheet. Further in view of the violent behavior of the responden! his own father and sisters filed complaint against the responrCent at p.S. pebbair and the same was registered as Crime No.261 of Z0Z4 and also various cases were registered against the respondent vide Crirne No.g of 2004, Crime No.10 of 2024 and FIR No. 623 of 2024. It is a specific case of the petitioner that with a minor child she cannot attend 7 LNA, J TT.CMP No.509 of 2024 the court on each and every date of adiournment and f()r every hearing, she has to take assistance from her family members'

14. Therefore, in view of the underlying principle enunciated by the Hon'ble Supreme Court and various other High Courts in the aforesaid iudgments that the convenience of the petitioner/wife has to be given priority/ preference c'ver the convenience of the respondent/ husband, this Transfer CMP , I deserves to be allowed.

15. Accordingly, this Transfer C.M.P. is allow':d and H.M.O.P.No.2O of 2024 pending on the file of Senior Civil |udge, Wanaparthy, is withdrawn and transferred to the I A <lditional Family Court, at Medchal, Medchal Malkaigiri Dis;lrict, for disposal in accordance with law. 1,6. The learned Senior Civil Judge, Wanaparthy, shall kransmit the entire original record in H.M.O.P.No.2O of 2024 dulf indexed, to the Court of the I Additional Family Court, at lMedchal, Medchal Malkajgiri District, preferably within a perio,l of one month from the date of receipt of a copy of this order. 8 TrCMP.No.5O9 of2024 LNA, J Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. Sd/- MOHD. ISMAIL DEPUTY REGISTRAR To, /,TRUE COPYII ECTION OFFICER The Senior Civil Judge at Wanaparthy . The I Addl Family court At Medchal, Medchal Malkajgiri District. . One CC to Sri. C. Buchi Reddy, Advocate IOPUC] . Two CD Copies 1 2 3 4 DUPSL t k 't Ii1E S TA 1 ] it]l I{n5 Or:. >'t,/rTC + HIGH COURT DATED:fi14312625 ORDER TRCMP.No.509 ol 2024 ALLOWING Tr. C.M.P b b