THE HONOURABLE SRI JUSTICE K.SARATH
Tr.C.M.P.No.107 of 2023
ORDER:
Heard Learned Counsel appearing for the petitioner and Learned Counsel appearing for the respondent and perused the records.
2. This transfer petition is filed under Section 24 of Civil Procedure Code seeking to transfer D.O.P.No.650 of 2022 on the file of the Family Court Judge at Secunderabad filed by the respondent-husband herein to the Family Court Judge at Malkajgiri.
3. Learned Counsel for the petitioner submits that the petitioner and the respondent are wife and husband respectively and their marriage was solemnized on 11.03.2020 in Arya Samaj at E.C.I.L Medchal-Malkajgiri District as per the Hindu Rites and Customs and registered on 18.03.2020. The petitioner and the respondent led the marital life for some time. Thereafter, the respondent and his parents subjected the petitioner to harassment. Due to severe physical harassment by the respondent herein, the petitioner ::2::
was taken to her parents house by her father on 27.11.2021. Thereafter, the respondent has issued legal notice dated 31.07.2022 for restitution of conjugal rights, subsequently, the petitioner issued reply to the said notice expressing willingness to join the matrimonial company. Instead of responding to the reply of the petitioner, the respondent has filed D.O.P.No.650 of 2022 before the Learned Family Court Judge at Secunderabad and during the course of the mediation, the respondent has threatened the petitioner to give her consent for divorce petition.
4. Learned Counsel for the petitioner further submits that the petitioner is residing at Dammaiguda which is nearby Malkajgiri and even the respondent is residing at Bhavaninagar, Kapra. In view of the convenience of the both the parties requested to allow the present transfer petition.
5. Learned Counsel for the respondent basing on the counter submits that the petitioner filed the transfer petition with all false and baseless allegations and suppression of facts. Due to instigation of the ::3::
petitioner's parents, the petitioner started harassing the respondent and filed a false criminal case of 498(A) of I.P.C and Sections 3 and 4 of D.P.Act, 1961 in C.C.No.2120 of 2022 on the file of the X Additional Metropolitan Magistrate, Cyberabad at Medchal. If the petitioner really facing the problems to attend the Family Court at Secunderabad, she would have file the present petition for transfer of D.O.P.No.650 of 2022 from Secunderabad to II Additional District Judge- cum-Family Court at Medchal as both the Family Court and Criminal Courts are available at Medchal, but she has not do so. Therefore, this petition is liable to be dismissed and requested to dismiss the transfer petition.
6. After hearing both sides and on perusing the material on record, this Court is of the considered view that, it is settled law in the transfer proceedings of matrimonial disputes, the convenience of the wife is to be preferred over the convenience of the husband. Therefore, the request of the petitioner-wife is to be considered.
::4::
7. The Hon'ble Supreme Court in N.C.V.Aishwarya Vs A.S.Saravana Karthik Sha 1 held as follows:
"9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, 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 at while considering transfer.
8. The above judgment of the Hon'ble Supreme Court is squarely apply to the instant case and the request made by the petitioner for transferring the said O.P is liable to be considered.
9. In view of the above findings, the Transfer Civil Miscellaneous Petition is allowed and D.O.P.No.650 of 2022 on the file of the Family Court Judge at 1 2022 SCC OnLine SC 1199 ::5::
Secunderabad is ordered to be withdrawn and transferred to the Family Court Judge at Malkajgiri for disposal in accordance with law.
10. The Learned Family Court Judge at Secunderabad shall transmit the entire record of D.O.P.No.650 of 2022 duly indexed to the Family Court Judge at Malkajgiri within one (01) month from the date of receipt of copy of this order.
11. Miscellaneous petitions pending, if any, shall also stand closed. There shall be no order as to costs.
______________________ JUSTICE K.SARATH Date:23.09.2023 Spk