1. Civil Procedure Code, 1908 – Section 24 – Transfer Petition (Matrimonial)
Grounds for Transfer: A petition filed by the wife under Section 24 CPC seeking the transfer of a suit for dissolution of marriage from the court of the Principal Junior Civil Judge, Piler, to a court in Kadapa.
Wife's Convenience: The cardinal principle in matrimonial proceedings for exercising power under Section 24 CPC is the convenience of the wife, overriding the inconvenience of the husband (N.C.V. Aishwarya Vs A.S. Saravana Karthik Sha followed).
Hardship: Transfer is warranted where the wife has to travel a significant distance (more than 105 Kms from Kadapa to Piler) without male support, making it difficult to pursue the litigation.
Consolidation of Cases: Transfer is further justified when the wife has already instituted multiple related proceedings (498-A/DP Act case, DVC, and RCR petition) that are all pending before competent courts in Kadapa.
2. Jurisdiction – Suit for Dissolution of Muslim Marriage
Initial Jurisdiction: Suit for dissolution of marriage (O.S. No. 207 of 2023) filed by the Muslim husband was maintainable before the Principal Junior Civil Judge, Piler, under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, where a Family Court's jurisdiction was not invoked or available.
Final Jurisdiction: Given the existence of a Family Court, Kadapa, and the convenience of the wife, the suit is ultimately directed to be transferred to the Family Court, Kadapa, recognizing it as the specialized forum for adjudication of matrimonial disputes.
Result
Transfer Civil Miscellaneous Petition Allowed. O.S. No. 207 of 2023 withdrawn from the Principal Junior Civil Judge, Piler, and transferred to the Family Court, Kadapa.
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