(Prayer: Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith,the High Court may be pleased toPleased to withdraw the FCOP No. 221 of 2024 and transfer the FCOP No. 221 of 2024 pending on the file of Family Judge, Kadapa to Family Court judge, Kumool , Kumool district and pass

IA NO: 1 OF 2025

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 pleased to Stay of all further proceedings in FCOP No. 221 of 2024 pending on the file of Family Judge, Kadapa Kadapa District pending disposal of the Tr. CMP and pass)

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 for withdrawal of F.C.O.P.No.221 of 2024, on the file of the Judge, Family Court, Kadapa, and transfer the same to the file of the Judge, Family Court, Kurnool, 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 12.06.2020 at Akhila Bharatha Vadderrajula Satram, Srisailam Devasthanam, Kurnool District, as per Hindu rites and caste customs. During their wedlock, the petitioner/wife and the respondent/husband were blessed with a child on 24.03.2021. Thereafter, due to matrimonial disputes between the parties, the petitioner/wife has been residing separately along with her child aged about 4 years, in her parents’ house at Srisailam, Kurnool District.

                  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.221 of 2024, on the file of the Judge, Family Court, Kadapa, under Section 13(1)(ia)(iii) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage, the same is pending for adjudication.

3. Learned counsel for the petitioner would contend that the petitioner herein being a woman, has been residing separately along with her child aged about four (4) years in her parents’ house and depending upon the mercy of her parents at Srisailam, Kurnool District. The distance between Srisailam & Kadapa is more than 250Kms and it is very difficult for her to travel to attend the divorce case proceedings filed by the respondent/husband before the Court at Kadapa without any male assistance, and that she was constrained to file the present petition against the respondent/husband, seeking for withdrawal of F.C.O.P.No.221 of 2024, on the file of the Judge, Family Court, Kadapa, and transfer the same to the file of the Judge, Family Court, Kurnool, for trial and disposal of the same.

4. Learned counsel for the respondent submitted that there are no merits in the petition filed by the petitioner/wife herein and the present Transfer Civil Miscellaneous Petition may be dismissed. In case, if this Court is inclined to transfer the said F.C.O.P.No.221 of 2024, from the file of the Judge, Family Court, Kadapa, to the file of the Judge, Family Court, Kurnool, the personal appearance of the respondent/husband herein may be dispensed with before the transferee Court.

5. Heard Mr. V.B. Raju Yadav, learned counsel for the petitioner and Mr. B.S. Venkata Ramesh, learned counsel for the respondent.

6. Perused the material available on record.

7. The material on record prima facie goes to show that, due to the matrimonial disputes between both parties, the petitioner/wife has been residing separately along with her child aged about four (4) years in her parents’ house at Srisailam, Kurnool District. The material on record further reveals that the respondent/husband herein had filed a divorce petition against the petitioner/wife herein vide F.C.O.P.No.221 of 2024, on the file of the Judge, Family Court, Kadapa, under Section 13(1)(ia)(iii) of the Hindu Marriage Act, 1955, seeking for dissolution of marriage, the same is pending for adjudication.

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 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 for withdrawal of F.C.O.P.No.221 of 2024 on the file of the Judge, Family Court, Kadapa, and transfer the same to the file of the Judge, Family Court, Kurnool. Further, on considering the submissions made by the learned counsel for the respondent that, the personal appearance of the respondent/husband herein i.e., petitioner in F.C.O.P.No.221 of 2024, Judge, Family Court, Kadapa, 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.

11. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.221 of 2024, on the file of the Judge, Family Court, Kadapa, is hereby withdrawn and transferred to the file of the Judge, Family Court, Kurnool. The learned Judge, Family Court, Kadapa, shall transmit the entire case record in F.C.O.P.No.221 of 2024, to the file of the Judge, Family Court, Kurnool, 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, Kurnool, on 09.03.2026 at 10.30 A.M. Later, the transferee Court i.e., learned Judge, Family Court, Kurnool, is hereby directed not to insist for the personal appearance of the respondent herein i.e., petitioner in F.C.O.P.No.221 of 2024, 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 required as directed by the learned Judge, Family Court, Kurnool, Kurnool District. 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.