Where a Family Court is constituted for a particular territorial area, civil court jurisdiction is excluded only within that area. In districts where no Family Court exists, the Senior Civil Judge Court retains matrimonial jurisdiction. Transfer of a matrimonial case from a Family Court to a Civil Court in such a district is legally permissible under S.24 CPC. (Paras 13–20)

A. Family Courts Act, 1984 — Ss. 7 & 8 — Civil Court Jurisdiction — Transfer from Family Court to Civil Court — Scope of S. 24 CPC

Where a Family Court is constituted for a particular territorial area, civil court jurisdiction is excluded only within that area.
In districts where no Family Court exists, the Senior Civil Judge Court retains matrimonial jurisdiction.
Transfer of a matrimonial case from a Family Court to a Civil Court in such a district is legally permissible under S.24 CPC.
(Paras 13–20)

B. Code of Civil Procedure, 1908 — S. 24 — Matrimonial Causes — Transfer Petition by Wife — Convenience of Wife — Governing Principle

In matrimonial transfers, convenience of the wife ordinarily prevails.
Where wife resides with minor child, has no income, depends on aged parents and must travel 400 km to attend proceedings, transfer justified.
(Paras 14–20, 29–31)

C. Matrimonial Law — Divorce Proceedings — Husband’s Non-Appearance / No Counter — Effect

Failure of respondent-husband to file counter to the transfer petition renders the petitioner-wife’s allegations of hardship unchallenged and acceptable.
(Para 29)

D. Family Courts — Delay and Adjournments — Duty of Court — Speedy and Sensitive Disposal

Family disputes must be adjudicated expeditiously and sensitively; unnecessary adjournments undermine the purpose of the Family Courts Act.
Followed: Bhuwan Mohan Singh v. Meena; K.A. Abdul Jaleel v. T.A. Shahida; Shamima Farooqui v. Shahid Khan.
(Paras 4–12)

E. Transfer Allowed — Withdrawal of FCOP from Family Court — Direction to Transferee Court

FCOP No. 1015 of 2019 withdrawn from the Family Court, Visakhapatnam and transferred to the Principal Senior Civil Judge, Machilipatnam.
Respondent-husband’s personal appearance not to be insisted upon except when required.
(Paras 32–33)

RATIO DECIDENDI 

1. The exclusion of jurisdiction under S. 8 of the Family Courts Act is territorial; hence, civil courts situated outside the territorial limits of an existing Family Court retain matrimonial jurisdiction.
   (Paras 13–20)

2. The High Court's power under S. 24 CPC extends to transferring a matrimonial proceeding from a Family Court to a Civil Court where such Civil Court is competent to try matrimonial matters.
   (Paras 13–20)

3. In matrimonial transfer petitions, the paramount consideration is the wife’s convenience, especially when financial incapacity, dependent child, and long travel distance are established and unrebutted.
   (Paras 14–20, 29–31)