THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU
TRANSFER CIVIL MISCELLANEOUS PETITION No.220
OF 2022
ORDER :
This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife under Section 24 of C.P.C., against the respondent/husband seeking transfer of O.P.No.375 of 2019 from the file of Family Court, Warangal to the file of Family Court, Medchal-Malkajgiri District.
2. In support of the petition the petitioner herein has filed her own affidavit stating that her marriage was performed with the respondent on 10.05.2006 at Padmashali Bhavan, Warangal. She joined the respondent. At the time of marriage, the parents of the petitioner presented sufficient dowry and customary gifts to the respondent. They lead happy marital life only for a period of 6 months and they begot a child. Subsequently the respondent having addicted to bad habits, started abusing the petitioner. A panchayath was held in presence of the 2 Tr.CMP No.220 of 2022 elders. The petitioner has alleged that she was subjected to harassment with a demand for additional dowry. Subsequently, the respondent filed a petition under Section 9 of Hindu Marriage for Restitution of Conjugal Rights vide O.P.No.375 of 2019 before Family Court, Warangal.
3. The petitioner further stated that she has no source of income and residing along with her daughter at the house of her brother. She filed a petition for maintenance vide M.C.No.26 of 2019, which is pending. The petitioner has also filed a case under the provisions of Domestic Violence Case which is pending before I Additional Judicial Magistrate of First Class at Warangal. The petitioner states that she cannot offered to travel from Kothagudem to Hyderabad, thereby she sought for transfer of O.P.No.375 of 2019 filed by the respondent/husband from Warangal to Medchal-Malkajgiri District.
4. Proof of service filed. The respondent did not choose to attend the Court.
5. Heard counsel for the petitioner.
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6. Now the point for consideration is:
Whether there are any grounds to transfer O.P No.375 of 2019 from Waragal to Medchal-Malkajgiri as prayed for ?
7. POINT As per the material averments made in the petition and affidavit filed in support of the petition, it was the case of the petitioner that soon after the marriage, she joined the respondent at his house. They lead happy marital life for some time. Subsequently, disputes arose between the couple. It was alleged against the respondent that he subjected the petitioner to cruelty and dowry harassment. As per the averments made in the affidavit, it seems the petitioner has already filed a petition under Section 125 Cr.P.C., seeking maintenance and a criminal case with an allegation that the respondent and his family members subjected her to harassment. As per the allegations in the affidavit filed by the petitioner she has filed petition for maintenance at the place where the petitioner is staying with her parents. It further shows that the respondent has 4 Tr.CMP No.220 of 2022 filed petition under Section 9 of Hindu Marriage Act for Restitution of Conjugal Rights vide O.P. No.375 of 2019. The petitioner states that she has no separate source of income. She is depending upon her brother. She has to travel at a distance of 150 kms., to attend and prosecute O.P.No.375 of 2019. Counsel for the petitioner has also submitted that in the light of the judgment of the Hon'ble Apex Court between N.C.V.Aishwarya vs A.S.Saravana Karthik Sha1, this Court has to see the interest of the petitioner.
8. In the above judgment the Hon'ble Supreme Court was pleased to observe that "whenever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both parties, 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 1 2022 SCC Online SC 1199 5 Tr.CMP No.220 of 2022 at while considering transfer." The petitioner being a lady without any separate source of income, need to depend on her parents/brother not only for travelling such a long distance, but also for the travel expenses. Therefore, the petitioner's interest can be protected. As such there are grounds for transfer of O.P.No.375 of 2019 filed by the respondent/husband.
9. In the result the petition is allowed. As a consequence thereof, O.P.No.375 of 2019 on the file of Family Court, Warangal, is withdrawn and transferred to the file of Family Court, Medchal-Malkajgiri.
10. The concerned Court is hereby directed to transmit the entire case file, after duly indexed, within (4) four weeks from the date of receipt of this Order, under the intimation to the other side.
11. As a sequel, pending Miscellaneous Applications, if any, shall stand closed.
___________________________________ JUSTICE SAMBASIVA RAO NAIDU Date: 02.12.2022 Pssk