HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY TRANSFER CIVIL MISCELLANEOUS PETITION.No.85 of 2020 ORDER:
The petitioner-wife has filed this Transfer CMP under Section 24 of CP.C. for withdrawal of FCOP No.756 of 2020 pending on the file of Judge, Family Court, Ranga Reddy District at L.B.Nagar and to transfer the same to the Senior Civil Judge's Court at Sircilla, Rajanna Sircilla.
2. The petitioner is the legally wedded wife of respondent. Their marriage was solemnised on 22.11.2020 as per the prevailing customs in their community, lead marital life for some time. Later the respondent and his family members started demanding for additional amount. Though the elders advised, the respondent did not change his attitude, drove away the petitioner from the matrimonial house and filed FCOP.No.756 of 2020 before the Judge, Family Court at L.B.Nagar with all false allegations.
3. This petition is resisted by the respondent, who filed detailed counter admitting the marriage with the petitioner. But it is alleged that from the day one of the marriage, the petitioner was harassing him. Respondent shifted his family to Nizampet, Hyderabad. Even after shifting his residence to Nizampet, the petitioner continued to harass him. Finally, the respondent is compelled to file FCOP.No.756 of 2020 seeking dissolution of the marriage. It is only after receipt of notice copies in the said OP, the petitioner has filed a criminal case in crime No.43 of 2021 before the Police Siricilla for the offences under Section 498-A IPC. The respondent has also filed a civil suit vide O.S.No.387 of 2020 for -2- injunction against the petitioner herein for not to interfere with his possession over the house at Nizampet.
4. Heard on both sides.
5. The point for consideration is, whether the petitioner is entitled for transfer of FCOP.No.756 of 2020 on the file of Judge, Family Court at L.B.Nagar to the Court of Senior Civil Judge, Sircilla of Karimnagar District.
6. Learned counsel for the petitioner seeks to submit that the respondent is also native of Sircilla, only to gain the jurisdiction of Ranga Reddy Courts, the present divorce OP is filed before the Judge, Family Court at L.B.Nagar, Ranga Reddy District.
7. Per contra, learned counsel for the respondent seeks to submit that the respondent is resident of Hyderabad. In fact, he has purchased a Flat at Nizampet and started living therein. When the petitioner has created galata, he is forced to file injunction suit before the Junior Civil Judge's Court at Medchal. There is threat to the respondent, if the matter is transferred to Sircilla and accordingly prayed for dismissal of Transfer CMP.
8. Admittedly, the petitioner is the legally wedded wife of the respondent. Now they are living separately. It is also admitted fact that the petitioner and respondent lastly resided at Nizampet for some time. It is the case of the petitioner that the respondent started demanding for additional dowry and as his demand was not satisfied, she was thrown out of his house. She was forced to stay with her old aged parents at Sircilla. The respondent being native of Sircilla, has falsely shown his address at Hyderabad. -3-
9. The respondent has filed FCOP.No.756 of 2020, wherein his residence is shown as Balaji Hills, Rajasekhar Colony, Bodduppal, Medchal District, whereas the residence of respondent therein who is the petitioner herein shown as Sircilla Town.
10. The Hon'ble Supreme Court in Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi1, while dealing with transfer proceedings of a matrimonial dispute, held that in this type of matters, the convenience of the wife is to be preferred over the convenience of the husband.
11. In such circumstances, relying on the principles laid down by the Hon'ble Supreme Court of India in the above judgment, I deem it fit to consider the request of the petitioner.
12. The respondent strenuously contended that there is threat to his life, if the matter is transferred to Siricilla.
13. Undisputedly, the petitioner-wife has filed a criminal case before the police at Sircilla and the respondent is attending the Court at Sircilla. That apart, the respondent has not filed any piece of paper to show that there was threat perception to his life and that whenever, he attended the Court at Sircilla he was threatened. The Hon'ble Supreme Court in Sangeetha alias Shreya v. Sangeetha Allas Shreya v. Prasant Vijay Wargiya2 held that if threat is given, the respondent can always complain to the Court which will be considered on its merits. In such an event, as we are living in a civilised society, the respondent is at liberty to bring it to the notice of the Court about any such threat or to take 1 (2005) 12 SCC 237 2 (2004) 13 SCC 407 -4- appropriate legal action in accordance with law. Therefore, I am not inclined to accept the contention of learned counsel for the respondent about threat given to the respondent.
14. In the result, the Transfer CMP is allowed. FCOP.No.756 of 2020 pending on the file of Judge, Family Court , Ranga Reddy District at L.B.Nagar is ordered to be withdrawn and to transferred to the Court of Senior Civil Judge at Sircilla for disposal in accordance with law. The learned Judge, Family Court, Ranga Reddy District at L.B.Nagar shall transmit the entire record duly indexed to the Court of Senior Civil Judge, Sircilla within one month from the date of receipt of a copy of this order. Pending miscellaneous applications, if any, shall stand closed.
________________________________ A.VENKATESHWARA REDDY,J 26 .11.2021 Nvl