THE HONOURABLE SRI JUSTICE K.SARATH
Tr.C.M.P.No.340 of 2022
ORDER:
Heard Learned Counsel appearing for the petitioner and perused the records.
2. This transfer petition is filed under Section 24 of Civil Procedure Code seeking to transfer H.M.O.P.No.71 of 2022 on the file of the Senior Civil Judge at Jagtial, Jagtial District filed by the respondent No.1-husband herein to the Principal Senior Civil Judge at Mancherial, Mancherial District.
3. Learned Counsel for the petitioner submits that the petitioner and the respondent No.1 are wife and husband respectively and their marriage was solemnized on 06.10.2017 at Naspur, Mancherial District as per the Hindu Rites and Customs prevailed in their community. During the wedlock, they blessed with a male child on 04.06.2019. Thereafter, the respondent No.1 and his family members subjected the ::2::
petitioner to harassment and necked out on 31.12.2021 from matrimonial house. Subsequently, she filed a complaint under Section 12 of Protection of Women from Domestic Violence Act seeking return maintenance and also filed D.V.C.No.13 of 2022 on the file of the I Additional Judicial Magistrate of First Class at Mancherial against the respondent No.1.
4. Learned Counsel for the petitioner further submits that the respondent filed H.M.O.P.No.71 of 2022 on the file of the Senior Civil Judge at Jagityal seeking divorce against the petitioner by dissolving the marriage of the respondent No.1 and the petitioner dated 06.10.2017. Presently, the petitioner and her minor child residing at her parents house in Naspur, Mancherial District. Being a lady and along with her minor child, it is very difficult to travel from Naspur, Mancherial District to Jagtial for defending the H.M.O.P.No.71 of 2022 and requested to allow the present transfer petition.
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5. Notices were served to the respondent and the matter came up for hearing on 05.07.2023, 02.08.2023 and 06.09.2023, there was no representation on behalf of the respondent. Even today, when the matter came up for hearing, none appeared on behalf of the respondent.
6. In view of the submissions made by the Learned Counsel for the petitioner 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.
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 1 2022 SCC OnLine SC 1199 ::4::
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.
10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."
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 H.M.O.P.No.71 of ::5::
2022 on the file of the Senior Civil Judge at Jagtial, Jagtial District is ordered to be withdrawn and transferred to the Principal Senior Civil Judge at Mancherial, Mancherial District for disposal in accordance with law.
10. The Learned Senior Civil Judge at Jagtial, Jagtial District shall transmit the entire record of H.M.O.P.No.71 of 2022 duly indexed to the Principal Senior Civil Judge at Mancherial, Mancherial District 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