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 transfer of F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to the file of the Judge, Family Court, Vizianagaram, for trial and disposal of the same.

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 17.02.2024, at Ayyannapeta, Raja Vari Veedhi, Vizianagaram, as per Hindu Rites and Caste Customs. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately at her parents‟ house in Vizianagaram. The petitioner/wife pleaded that in view of the harassment caused by the respondent /husband, she lodged a complaint against the respondent/husband, dated 11.08.2025, which was registered as F.I.R.No.79 of 2025, for the offence punishable under Section 85 of B.N.S. Act, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Mahila Police Station, Vizianagaram, the same is pending for investigation and she also filed a Maintenance Case against the respondent/husband herein vide F.C.M.C.No.52 of 2025 on the file of the III Additional District Court-cum-Family Court, Vizianagaram, under Section 144(2) of B.N.S.S. Act, 2023, seeking maintenance from the respondent/husband and the same is pending for adjudication.

                  II. The petitioner/wife further pleaded that, with a view to cause inconvenience to her, the respondent /husband herein filed a divorce petition vide F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication.

                  III. The petitioner further pleaded that, she being a woman, has been residing separately and depending upon the mercy of her parents at Vizianagaram, the distance between Vizianagaram & Nellore is more than 650Kms and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband herein before the Court at Nellore without any male assistance, and that she was constrained to file the present petition against the respondent, seeking transfer of F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to the file of the Judge, Family Court, Vizianagaram, for trial and disposal of the same.

3. Learned counsel for the respondent would contend that there are no merits in the petition filed by the petitioner and the present Transfer Civil Miscellaneous Petition is liable to be dismissed. He further contended that the respondent/husband herein is working as a software engineer and is currently residing at Bangalore, in case, if this Court is inclined to transfer the F.C.O.P.No.364 of 2025, which is pending before the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to the file of the Judge, Family Court, Vizianagaram, it is very difficult for the respondent/husband to appear before the transferee Court on each and every date of adjournment.

4. Heard Mr. G. Venkata Sailendra, learned counsel for the petitioner and Mr. Sunkara Rajendra Prasad, learned counsel for the respondent.

5. Perused the material available on record.

6. The material on record prima facie goes to show that, due to the matrimonial disputes between the parties, the petitioner/wife has been residing separately at her parents‟ house in Vizianagaram, she has instituted two (2) cases against the respondent/husband herein i.e. Criminal Case which was registered as F.I.R.No.79 of 2025, for the offence punishable under Section 85 of B.N.S. Act, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, before the Mahila Police Station, Vizianagaram, the same is pending for investigation and Maintenance Case vide F.C.M.C.No.52 of 2025 on the file of the III Additional District Court-cum-Family Court, Vizianagaram, under Section 144(2) of B.N.S.S. Act, 2023, seeking maintenance from the respondent/husband, the same is pending for adjudication and the respondent/husband is also attending the case proceedings before the Court at Vizianagaram. The material on record further reveals that the respondent/husband had filed a divorce petition against the petitioner/wife herein vide F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, under Section 13(1)(ia) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and the same is also pending for adjudication.

7. 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.”

8. The Apex Court in a case of N.C.V. AISHWARYA VS A.S.SARAVANA KARTHIK SHA2(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.”

9. On considering the submissions made by the learned counsel appearing for both sides and in view of the ratio laid down in the aforesaid case laws and on considering the facts and circumstances of the present case, I am of the considered view that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, there are justifiable grounds to consider the request made by the petitioner/wife, seeking transfer of F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, to the file of the Judge, Family Court, Vizianagaram. Further, on considering the submissions made by the learned counsel for the respondent, since the respondent/husband herein is working as a software engineer and is currently residing at Bangalore, therefore, the personal appearance of the respondent/husband herein i.e. petitioner in F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, has been dispensed with before the transferee Court, except on the days when his personal appearance is required before the said Court as per law.

10. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.364 of 2025, on the file of the VI Additional District and Sessions Judge-cum-Family Court, Nellore, S.P.S.R. Nellore District, is hereby withdrawn and transferred to the file of the Judge, Family Court, Vizianagaram. The learned VI Additional District and Sessions Judge-cum- Family Court, Nellore, S.P.S.R. Nellore District, shall transmit the entire case record in F.C.O.P.No.364 of 2025, to the file of the Judge, Family Court, Vizianagaram, duly indexed as expeditiously as possible preferably within a period of five (05) days from the date of receipt of a copy of the order. Both the parties are directed to appear before the learned Judge, Family Court, Vizianagaram, on 30.03.2026 at 10.30 A.M. Later, the transferee Court i.e. learned Judge, Family Court, Vizianagaram, is hereby directed not to insist upon the personal appearance of the respondent herein i.e. petitioner in F.C.O.P.No.364 of 2025, as long as his counsel is attending the Court proceedings and representing the case except on the day when re-conciliation proceedings are being taken up or on the day when his cross-examination is required to be recorded or on any other day when his personal appearance is essentially required as directed by the learned Judge, Family Court, Vizianagaram. 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.