1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.
2. Learned counsel for the petitioner submitted that the petitioner and the respondent are wife and husband and their marriage was solemnized on 24.06.2021. They lived a happy marital life for some time and thereafter disputes arose between them and the petitioner filed a criminal complaint in Cr.No.154 of 2022 under Section 498-A, 354-D of IPC, Section 4 of Dowry Prohibition Act on the file of Suryapet-II Town PS. Thereafter, the petitioner filed DVC.No.21 of 2022 and MC No. 28 of 2022 on the file of the Principal Judicial First Class Magistrate, Suryapet. The respondent also filed FCOP No. 20 of 2023 before the Court of Additional Family Court, Ranga Reddy District at L.B. Nagar for dissolution of marriage.
3. Learned counsel appearing for the petitioner further submits that the petitioner filed the present Transfer Civil Miscellaneous Petition seeking to withdraw the FCOP No. 20 of 2023 from the file of Additional Family Court, Ranga Reddy District at L.B. Nagar and transfer to the file of Senior Civil Judge Court at Suryapet on the ground that the petitioner is residing at Suryapet Town. The petitioner is facing very much difficulty in attending the Court regularly at Ranga Reddy District at L.B. Nagar and the other two cases filed by the petitioner are pending at Suryapet court.
4. Learned Counsel for the respondent, on instructions, submits that in case the Transfer CMP is allowed, a direction may be given to the Court below to dispose of the O.P on its transfer, as expeditiously as possible.
5. After hearing both sides and on perusing the material on record, this Court is of the considered view that it is settled law that in the transfer proceedings of matrimonial disputes the convenience of the wife is to be preferred over the convenience of the husband. Therefore, the request of the petitioner-wife is to be considered.
6. The Hon’ble Supreme Court in N.C.V.Aishwarya Vs A.S.Saravana Karthik Sha 2022 SCC OnLine SC 1199 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 behavioral 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. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.”
7. In view of the above judgment of the Hon’ble Supreme Court, the Transfer Civil Miscellaneous Petition is allowed and FCOP No. 20 of 2023 pending on the file of the Court of the Additional Family Court, Ranga Reddy District at L.B. Nagar is ordered to be withdrawn and transferred to the Court of Senior Civil Judge, Suryapet for disposal in accordance with law.
8. Having considered the submissions made by the learned Counsel for the respondent, the learned Senior Civil Judge, Suryapet is directed to dispose of the matter, within six months from the date of receipt of records.
9. The Learned Additional Family Court Judge, Ranga Reddy District at L.B. Nagar shall transmit the entire records of FCOP No. 20 of 2023 duly indexed to the court of Senior Civil Judge, Suryapet, within one (01) month from the date of receipt of the copy of this order. However, there shall be no order as to costs.
10. Miscellaneous petitions pending, if any, shall also stand closed.