1. The petitioner/wife herein filed the present petition under Section 24 of the Code of Civil Procedure, 1908 (for short, „the C.P.C.‟), seeking to withdraw D.O.P.No.62 of 2025, on the file of Principal District & Sessions Judge, West Godavari District, Eluru and transfer the same to the Principal District & Sessions Judge, Guntur.

2. The case of the petitioner in brief is as follows:

                  i. The petitioner is the legally wedded wife of the respondent/husband, and their marriage was solemnized on 19.01.2012 at Reddy Gardens, Madhira, Khammam District, as per Christian Rites and Rituals. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately in her parents‟ house at Guntur along with her two children. The petitioner filed FCOP(MC) No.273 of 2025, on the file of learned Judge, Family Court, Guntur and the same is pending for adjudication.

                  ii. The petitioner further pleaded that the respondent/husband, to cause inconvenience to the petitioner, filed D.O.P.No.62 of 2025, on the file of Principal District & Sessions Judge, Eluru, West Godavari District, seeking for dissolution of the marriage under Section 10(1) (VIII) of the Indian Divorce Act, 1869, the same is pending for adjudication. The petitioner further pleaded that it is very difficult for the petitioner/wife to appear before the Principal District & Sessions Judge, Eluru, West Godavari District, on each and every adjournment without any male assistance, and that she is constrained to file this petition.

3. Heard both sides counsel on record.

4. Perused the material available on record.

5. Learned counsel for the petitioner brought to the notice of the Court that a maintenance case vide F.C.O.P.(MC) No.273 of 2025, on the file of the learned Judge, Family Court, Guntur, was filed by the petitioner and that the matter was listed on 19.02.2026.

6. It is undisputed by both sides that a case under Section 498-A IPC and a DVC case are pending before the competent Courts at Guntur and a maintenance case is also pending before the Family Court at Guntur.

7. Learned counsel for the respondent represented that they have filed a counter in the present application. He submits that there are no grounds to consider the application filed by the petitioner and that the same may be dismissed. He further submits that, in the event this Court transfers the case to Guntur, a time limit may be fixed for the transferee Court to dispose of the matter.

8. The Apex Court in a case of GEETA HEERA Vs HARISH CHANDER HEERA((2000) 10 SCC 304), held by considering the fact that “if a wife does not have sufficient funds to visit the place where the divorce petition is filed by her husband, then the transfer petition filed by the wife may be allowed.”

9. The Apex Court in a case of N.C.V. Aishwarya Vs A.S.Saravana Karthik Sha(2022 LiveLaw (SC) 627) held as follows:

                  “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.”

10. On considering the submissions made by the learned counsel for the petitioner and the respondent, and in view of the ratio laid down in the aforesaid case laws, that in matrimonial proceedings the convenience of the wife has to be taken into consideration rather than the inconvenience of the husband, I am of the considered view that there are justifiable grounds to consider the request made by the petitioner/wife seeking transfer of D.O.P.No.62 of 2025, on the file of the Principal District & Sessions Judge, West Godavari District, Eluru, to the file of the Principal District & Sessions Judge, Guntur, Guntur District.

11. In the result, the present Transfer Civil Miscellaneous Petition is allowed, and D.O.P.No.62 of 2025, on the file of the Principal District & Sessions Judge, West Godavari District, Eluru, is hereby withdrawn and transferred to the file of the Family Court, Guntur. The learned Principal District & Sessions Judge, West Godavari District, Eluru, shall transmit the case record in D.O.P.No.62 of 2025 to the file of the learned Judge, Family Court, Guntur, as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of a copy of this order. The learned Judge, Family Court, Guntur, is directed to dispose of D.O.P.No.62 of 2025 within six months from the date of appearance of both the parties. Both parties are directed to appear before the learned Judge, Family Court, Guntur, on 19.02.2026 at 10.30 A.M. There shall be no order as to costs.

                  As a sequel, miscellaneous petitions, if any pending and the Interim Order granted earlier, if any, shall stand closed.