The Hon'bte SuPreme Court in NCV Aishwarya v. A.S.Saravana Karthik Shat held as follows

HON'BLE SRI JUSTICE LAXMI NARAYANA AI,ISHEI-IY TRANSFER CIVIL MISCELLANE OUS PETITION No.5 l9 of 202.1 ORDER This Transfer Civil Misceltaneous petition is tiled seeking to transfer H.M.O.P.No.233 of 2024 on the file ol rhe learned Principal Senior Civil Judge, at Mancherial District ro thc Codrr oI learned Senior Civil Judge, at Huzurabad.

2. Heard IVIs Sahithi Sri Kavya Mukkera, learnecl counsel fbr the petitioner. No representation on behalf of the rcspondent, despite service, of Notice. Therefore, the mattcr is disposed ol basing on the niaterial available on record.

3. The Brief facrs leading to filling of the presenr -l-r.C.M.l, are that the marriage of the petitioner-wife was solemnized with the respondent-husband on 28.02.2016 at Kothapalli_ Jammikunta, Karimnagar District, as per the prevailing custorns in their community and out of their wedlock, they w.ere blessed with two chil<lren. It is averred that respondent addicted t<r harmful habits and had an illicit relationship with his cousin and whenl.he is confronted, the respondent repeatedly beat the \ ) LNA. J TrC.tIl.\o.519 o12021 'l petitioner mercilessly and neglected her without providing proper food and clothing and was necked out lrom matrimonial house on 16.06.2024; and that unable ro bear the physical harassment and abuse by respondent, and his lamily members, for want of additional dowry, the petitioner lodged a complaint in Crime No.228 of 2024 on 04.0'7.2024 betbre Jammikunta Police Station and the same is pending. She also filed DVC No.28 of 2024 and M.C.No. 19 ol 2024 befbre the learned ll Additional Judicial FirsrClass Magistrate, at Huzurabad District and the same are pending.

3.1. It is further averred that at present, she is taking shelter in her parent's house in Madipally village, Jammikunta Mandal, Huzurabad District and is financially dependent on her parents. The respondent, only to harass the petitioner has filed the HMOP No.233 of 2024 seeking divorce at Mancherial. As there is threat in the hands of respondent, she cannot travel alone from Huzurabad to Mancherial to attend the Court proceedings at Mancherial, which is burdensome on her parents. In those set of circumstances, the petitioner filed the present Tr.C.M.P. / I J I,\A, J Trc)tlP.No.5l9 of 2021

4. Learnerl counsel for- the petitioner submitted thar prcsenrly. thc petitioner residing with her parents at Huzurabad antl is financially dependent on her parents and shc has to take care ol her children. Moreover, the distance between Huzurabad to Mancherial is more than 120 kilometers, therelorc. it is difficult fbr the petitioner to travel lrom Huzurabad to Mancherial to attend the HMOp. It is further contended that tl.ie respondent is attending both the matters i.e., D.V.C and I\4.C which arc pending before the II Additional Judicial First-Class Magistrate, at Huzurabad District, therefore, no inconvenience will be caused to the respondent and hence, she prayed to allow the present Tr.(lMP.

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 ol'tlre CPC seeking transfer of the case, appeal or other L. proceeqlngs, rs enunciated by the Hon'ble Supreme Court in a I t 4 l.\ 1. J T.C:U P-,\'o. 5 I 9 ttl )D t catena ol judgments and the same was followed by various High Courts

1. The Hon'bte SuPreme Court in NCV Aishwarya Vs. A.S.Saravana Karthik Shat held as follows: " The cardinal principle for exercise of pou'er ruuler Sactiott 24 of the Code of Civil Procedure is that the ends ofjustice should demand the transfer of the suit, appeal or other proceeding. In tnalrimonial mallers' wherever Courts are called upon to considgr the plea of transfer, lhe Cout ts huvc b take into consideration the economic sowtdness o.f both the pdrties, the sociaT strata of the spouses and their belnt'ioural patlern, their standard o[ life prior to the marriage otul subsequent thereto and the circumstances of both the partic-s in eking out their livelihood and under v'hose protactive umbrella they are seeking their sustenance to life Giw:n tlrc prevailing socio- economic paradignr in the ltrdian socict.v' generally, it is the wi.f'e's convenience which musl be lookad at while considering translbr. "

8. The principle of law laid down by the Hon'ble Supreme Court in N.C.V.Aishwarya's case (3'd cited supra), has been reiterated by the High Court of Bombay in Devika Dhirai Patil ' 2022 SCC Online SC 1199 5 I,NA, J S l9 or 2021 Tt('tt{ P. ^-o. -r Nee Devika Ja.vprakash Buttepatil v. Dhiraj Sunit patif , and observed as under:- "In u cotntry like lndia, importont dec.ision.s .such r,s nrurrioge, diwrce are still taken witlt tha .4riduttct, ttnd blts.sin.qs of alders in the Jittttilt.. For a lud.v to trot'el alone Jor the proceedings ro a ('ott' t nlrt'rc llte.latt of her marriage is going lo be decided without any J'amily member would defnitel.l'bc o ma er o.f concern and cause nol only plt.vsicul inconwnience but al.so emotionctl a nd ps vch o I og i col i nco n venien ce. "

9. Further, tlre lJigh Court of Bombay in priyanku Rahul Patil v. Rahul Ravindra patiP followed the principle laid down in N. C. V.Aishwurya's case (3''i cited supra) and Devika Dhiraj Patil Nee Deviku Jayprakush Buttepatil's case (4rh cited supra), and held as follows:- "'fhe untlerlying principle gotenting the proceetling.s under Section 24 o/ the CpC, is that convenience of tlte wife is to be prelerred over lhe convenienct, of lhe lntsbund. "

10. Thus, thcre are catena of decisions of the Hon,ble SqPreme Court and other High Courts to the eflect that in '?(2023 SCC onLine Bom 1926) ' (2023 SCC OnLineBom 1982) a*r ]j 6 l-).-1. J T{Ml'.n.'o.519 of2DJ matrimonial matters/disputes, while considering the application lor transfer ol thc proceedings from one Courl to another Court, the Courts must give preference to the convenience of the wif'e over 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 H.M.O.P. filed by thc respondent from the Couft of learned Principal Senior Civil Judge, at Mancherial District to the Court of learned Senior Civil Judge, at Huzurabad, bn the ground that she is dependent upon her parents and has to look after the welfare of her children aged eight years and five years and therefore, it is difficutt for her to travel from Huzurabad to Mancheriat on every date o[' adjournment. Further, for every hearing, she has to takc assistancc from her family members.

12. It is also relevant to note that the cases viz',MC and DVC between the parties are pending before the Courts at Huzurabad and the respondent IS appearing in those matters, whereas IIMOP filed by the respondent-husband is pending belore the Court at Mancherial. I t I i I I l I I I 7 L.YA, J IrC,tlP-No.Sl9 ofZ02t

13. In the tacts and circumstances of the case and in the Iight of the principle laid down in the afbresaid decisions, this Court is inclined to ar,cede to the request of the petitioner_wit_e seeking transfer of the case

14. Therefore, in view of the underlying principle enunciated by the Hon'bk: Supreme Court and various other lJigh Couts in the aforesaicl judgments that the convenience of the petrtroner/wife has to be given priority/preference over the convenience o1'the respondent/husband, this Tr.cMp deserves to be allowed.

15. Accordingly, this Tr.C.M.p. is allorved and H.M.O.P.No.2 j3 of 2024 on rhe flle of rhe leamecl principal Senior Civil Judge, at Mancherial District is transf.errecl to the Court of learnecl Senior Civil Judge, at Huzurabad, lbr disposal in accordance r.r.ith law. l6 The learn ed principal Senior Civil Judge, at Mancherial, shalI transmit t]'re entire original 2024, duly indered, to the Court record in HMOP No.233 of ol learned Senior Cir il Judgc. , 8 T.LMP-No.S l9 oJ )D! r\ at Huzurabad District, prelerably within a period of one month fiorn the date of receipt of a copy of this order

17. Pending miscellaneous applications, if any, shall stand closed. Thcre shatl be no order as to costs. //TRUE COPY// SD/. A.SREENIVASA REDDY SSI TANT REGISTRAR SECTION OFFICER To, t The Principal Senior Civil Judge at Mancherial. 2 The Senior Civil Judge ai Huzurabad. 3. One CC to SRt. MUKKERA SAHtTHt SRt KAVYA, Advocate tOpUCl 4. Two CD Copies Pcsd/gh , , r.a^ i ^wul3',r. .l -.1.al*Y:]' , - 1... -"; I E'5'*,-E .- . l;irjl:E&*tar:1i r": "{Et., HIGH COURT DATED: 1 0 10412025 H U .ltt_ \ I{: o a 1 6 JUL 2025 z * sPATTjH ::Q t ORDER TRCMP.No.S19 of 2024 ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETITION x q,