THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU
TRANSFER CIVIL MISCELLANEOUS PETITION No.343
OF 2022
ORDER :
This Transfer Civil Miscellaneous Petition is filed by the petitioner under Section 24 of C.P.C., against the respondent who is her husband with a prayer to transfer F.C.O.P.No.184 of 2014 filed by the respondent herein before Family Court, Rangareddy at L.B.Nagar and transfer the same to Family Court, Sangareddy.
2. In support of the petition the petitioner herein has filed her own affidavit stating that her marriage was performed with the respondent on 07.07.2003 at Bidar of Karnataka State. She joined the respondent at Mehdipatnam, Hyderabad. By that time the respondent was working at Qatar. Since the mother of respondent (mother-in-law of petitioner herein) was suffering from paralysis attack, the respondent asked the petitioner herein to stay with her. Subsequently in the month of December, 2003 the petitioner joined her husband at 2 Tr.CMP No.343 of 2022 Qatar. The respondent subjected her to physical and mental harassment by saying that she was not up to his expectations. The Visa of the petitioner was expired in December, 2003. Therefore, she was forced to return to India. The respondent directed the petitioner to stay with his mother for assisting her. The petitioner claimed that even after return of her husband, she had to face lot of mental harassment from the family members of respondent. Subsequently during 2007, the respondent got job in Sahara at United Arab Emirates. Thereafter, the petitioner joined her husband. But, on 31.03.2012 the respondent sent her to Hyderabad and all her attempts to join the respondent failed as the respondent refused to take her to the matrimonial society. The petitioner claims that her husband/respondent filed divorce petition vide F.C.O.P.No.184 of 2014 before Additional Family Court, Rangareddy on false grounds. The respondent failed to pay maintenance which was awarded by the Family Court, Rangareddy in the interlocutory application filed by the petitioner herein.
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Tr.CMP No.343 of 2022
3. The petitioner filed Execution Petition for enforcing maintenance amount and at the intervention of elders and relatives of both parties, the respondent executed a Gift Deed in favour of the petitioner in respect of a house situated at Vijayapuri Colony, Sahebnagar Kalan Village, Rangareddy District, but she was not allowed to stay in the house. It seems the petitioner alienated the said house and the respondent also executed another sale deed which is subject matter of a criminal case pending between the parties.
4. The petitioner further stated that her marriage was performed with the respondent at Karnataka State and they never stayed within the limits of Saroornagar, Rangareddy. Even though there was no cause of action, the respondent filed FCOP before Family Court, Rangaredddy. The petitioner has further stated that she is attending Family Court since 2014. But the respondent failed to pay interim maintenance as per the directions of the Family Court. Therefore, the petitioner is staying at her native place. If the petitioner was asked to attend the Family 4 Tr.CMP No.343 of 2022 Court at Rangareddy, she has to travel a distance of 180 K.M., and need to spend Rs.1500/- for every journey. The petitioner has attributed that the respondent was sending some goondas to pressurize the petitioner for consenting for divorce, thereby the petitioner sought for transfer of F.C.O.P.No.184 OF 2014 filed by the respondent herein before Family Court, Rangareddy at L.B.Nagar and transfer the same to Family Court, Sangareddy.
5. The respondent was served with notice, but he did not attend the Court. Thereby, he was set exparte.
6. Heard learned counsel for the petitioner.
7. Now the point for consideration is:
Whether the there are any grounds to transfer F.C.O.P.No.184 OF 2014 filed by the respondent herein from the file of Family Court, Rangareddy at L.B.Nagar to the file of Family Court, Sangareddy as prayed for?
8. POINT Learned counsel for the petitioner has submitted that the petitioner is a lady who cannot travel all the way from 5 Tr.CMP No.343 of 2022 Sangareddy to Rangareddy. She apprehends danger in the hands of the respondent and his henchmen. Learned counsel while relying on judgment between N.C.V.Aishwarya vs A.S.Saravana Karthik Sha1 has submitted that when wife had no source of income, totally depending upon her parents and when she suppose to travel alone at long distance, the FCOP filed by the respondent can be transferred to the place where the petitioner/wife is residing. In this connection the main ground on which the present transfer petition is filed is financial incapacity of the petitioner to meet the expenses as well as long distance between her native place and the Court at which her husband filed the petition for divorce. The respondent who was served with notice did not choose to oppose the petition, thereby he remained exparte.
9. In the light of the judgment of Hon'ble Apex Court and in the light of the above stated circumstances, there are grounds for considering the request of the petition for transferring the FCOP filed by her husband from Family 1 AIR 2022 SCC 4318 6 Tr.CMP No.343 of 2022 Court, Rangareddy at L.B.Nagar to Family Court, Sangareddy as per the request of the petitioner.
10. In the result, the petition is allowed. As a consequence thereof, F.C.O.P.No.184 of 2014 on the file of Family Court, Rangareddy at L.B.Nagar, is withdrawn and transferred to the file of Family Court, Sangareddy
11. 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.
As a sequel, pending Miscellaneous Applications, if any, shall stand closed.
___________________________________ JUSTICE SAMBASIVA RAO NAIDU Date:23.01.2023 Pssk