THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU TRANSFER CIVIL MISCELLANEOUS PETITION NO.13 OF 2023 ORDER :
This Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife against the respondent/husband under Section 24 of the Code of Civil Procedure, 1908 with a prayer to transfer F.C.O.P.No.29 of 2022 from the file of the Family Judge, Rangareddy District at L.B.Nagar, to the file of the Family Judge, Nagar Kurnool.
2. The petitioner has filed her affidavit in support of the petition and has submitted that her marriage was performed with the respondent on 24.05.2019 at Antharam Village of Tadoor Mandal. Eversince the date of the marriage, the respondent harassed the petitioner for additional dowry and abused her in filthy language. The petitioner and the respondent started their marital life at Hyderabad since the respondent has been working as a software employee and out of the wedlock, they were blessed with a girl child on 28.02.2020. The petitioner has 2 stated that subsequent to the birth of her girl child, the respondent did not visit the house of her parents where she delivered the baby. Therefore, the petitioner herself went to the house of her husband along with her girl child and there was heated arguments between the couple, during which, the respondent informed to the petitioner that he will leave the company of the petitioner and he is going to file divorce petition. Accordingly, the respondent has filed F.C.O.P.No.29 of 2022.
The petitioner has further submitted that her parents belongs to a lower income group and they are not in a position to provide necessary expenses and that she has to attend the Court below at L.B.Nagar and the distance between her native place and Hyderabad is more than 100 K.Ms.
The petitioner has stated that she filed the petition seeking maintenance vide M.C.No.15 of 2022 and also filed another case under the provisions of Domestic Violence Act, 2005 vide D.V.C.No.6 of 2022 at Nagar Kurnool. Therefore, the petitioner sought for transfer of the divorce 3 petition filed by the respondent from L.B.Nagar to Nagar Kurnool.
3. Notice before admission was ordered. Notice sent to the address furnished by the respondent in the divorce petition was returned with an endorsement 'unclaimed'. It is deemed that service against the respondent is sufficient. Hence, he was set ex parte.
4. Heard learned counsel for the petitioner.
5. Now, the point that would emerge for determination is:
Whether there are any grounds to consider the request of the petitioner for transfer of the divorce petition filed by her husband ?
6. As per the averments made by the petitioner in her affidavit and as per the arguments advanced by her counsel, it depicts that the petitioner along with her daughter has been staying at the house of her parents at Nagar Kurnool whereas the respondent, who has been working as software employee, filed divorce petition before Family Court, L.B.Nagar, Rangareddy District. The petitioner is a housewife without any separate source of 4 income. It is true that the petitioner cannot bear the expenses, if she has to attend the Court and defend the divorce petition filed by her husband at Hyderabad.
7. In Judgment N.C.V.AISHWARYA v.
A.S.SARAVANA KARTHIK SHA1, the Hon'ble Apex Court was pleased to observe the following:
"......... Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."
8. By relying the Judgment referred supra, and having regard to the facts and circumstances of this case and arguments put forth by the learned counsel appearing for the petitioner, this Court is of the considered opinion that in matrimonial disputes, the interest of wife shall be considered rather than the interest of the respondent. The petitioner being a mother of a small child without having any separate source of income cannot afford the travelling expenses. 1 2022 SCC ONLINE SC 1199 5 In fact, the respondent is already facing trial in maintenance case and domestic violence case filed by the petitioner at Nagar Kurnool. Therefore, the request of the petitioner can be considered.
9. Under the discussion made hereinbefore, the petition is allowed. As a consequence thereof, F.C.O.P.No.29 of 2022 on the file of the Family Judge, Rangareddy District at L.B.Nagar, is withdrawn and transferred to the file of the Family Judge, Nagar Kurnool.
The concerned Court is hereby directed to transmit the entire case file, after duly indexed, within two weeks from the date of receipt of a copy of this Order, under the intimation to the other side.
Pending miscellaneous applications, if any, shall stand closed. No costs.
___________________________________ JUSTICE SAMBASIVA RAO NAIDU DATED 24.03.2023 YNK 6 THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU TRANSFER CIVIL MISCELLANEOUS PETITION NO.13 OF 2023 DATED 24.03.2023 YNK