Multiple proceedings – Pending criminal case at transferee place Paras 4(I), 8 When criminal proceedings arising out of matrimonial disputes are already pending at the place where the wife resides and the husband is attending those proceedings, transfer of the matrimonial case to the same jurisdiction is justified to avoid multiplicity of hardship.

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Transfer of matrimonial proceedings – Section 24 CPC – Wife’s convenience

Paras 9, 10, 11

In matrimonial proceedings, while exercising power under Section 24 of the Code of Civil Procedure, the convenience of the wife ordinarily deserves primacy over that of the husband, particularly where the wife lacks financial independence and resides separately.

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Transfer petition – Economic hardship and distance

Paras 4(III), 8, 11

Where the wife is residing at her parental home and the distance between the place of residence and the Court where matrimonial proceedings are pending is substantial, causing hardship in attending proceedings, such circumstance constitutes a valid ground for transfer.

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Multiple proceedings – Pending criminal case at transferee place

Paras 4(I), 8

When criminal proceedings arising out of matrimonial disputes are already pending at the place where the wife resides and the husband is attending those proceedings, transfer of the matrimonial case to the same jurisdiction is justified to avoid multiplicity of hardship.

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Non-appearance of respondent – Transfer petition

Paras 1, 2, 6

Absence of representation on behalf of the respondent, despite opportunity, does not bar consideration and disposal of a transfer petition on merits.

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Section 24 CPC – Ends of justice

Paras 9, 10

The paramount consideration for transfer under Section 24 CPC is whether the ends of justice demand such transfer, keeping in view socio-economic conditions, financial capacity, and protective support available to the parties.

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Transmission of records – Duty of transferor Court

Para 12

Upon allowing a transfer petition, the transferor Court is bound to transmit the entire record to the transferee Court expeditiously.

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ANALYSIS

1. Nature of the Petition

The petition was filed by the wife under Section 24 CPC seeking transfer of a divorce petition filed by the husband from Kavali (SPSR Nellore District) to Tanuku (West Godavari District).

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2. Relevant Circumstances Considered

The Court took note of:

• The wife residing with her parents at Peravali Village,

• Pendency of criminal proceedings (498-A IPC and Dowry Prohibition Act) at Tanuku,

• The husband already attending proceedings at Tanuku,

• The long distance of approximately 350 kilometres between Peravali and Kavali.

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3. Legal Principles Applied

The Court relied upon Supreme Court precedents holding that:

• Financial incapacity and hardship faced by the wife are relevant,

• In matrimonial matters, wife’s convenience generally outweighs inconvenience to the husband,

• Ends of justice govern the exercise of power under Section 24 CPC.

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4. Balancing of Convenience

The Court found no prejudice to the husband, as he was already attending criminal proceedings at Tanuku, whereas the wife would face disproportionate hardship if compelled to travel long distances without assistance.

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5. Exercise of Discretion

On a cumulative assessment of facts and law, the Court exercised discretionary jurisdiction under Section 24 CPC and ordered transfer of the matrimonial case.

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RATIO DECIDENDI

In matrimonial proceedings, while exercising powers under Section 24 CPC, the Court must ordinarily give precedence to the convenience of the wife, particularly where she is financially dependent, residing with her parents, and would face substantial hardship in attending proceedings at a distant forum, especially when related criminal proceedings are already pending at the place sought for transfer.