THE HONOURABLE SRI JUSTICE K.SARATH
Tr.C.M.P.No.56 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.05 of 2021 on the file of the Principal District and Sessions Judge, Mancherial District filed by the respondent- husband herein to the Judge, Family Court, Ranga Reddy District at L.B.Nagar.
3. Learned Counsel for the petitioner submits that the petitioner and the respondent are wife and husband respectively and their marriage was solemnized on 22.10.2018. During the wedlock, they blessed with a girl child. Thereafter, the respondent and his family members subjected the petitioner to harassment. Subsequently, she lodged a complaint ::2::
against the respondent on 25.09.2020 wherein F.I.R.No.785 of 2020 was registered for the offence under Section 498-A, 323, 509 read with 34 of I.P.C and Sections 3 and 4 of D.P.Act, 1961.
4. Learned Counsel for the petitioner further submits that the respondent filed D.O.P.No.05 of 2021 on the file of the Principal District and Sessions Judge at Mancherial seeking divorce with all false and frivolous allegations. Presently, the petitioner is residing at her parent's house along with her minor child at Hyderabad and the distance between Hyderabad to Mancherial is more than 250 KM and it is very difficult for her to travel from Hyderabad to Mancherial along with her minor child to defend the case and requested to allow the present transfer petition.
5. While opposing the petition, Learned Counsel for the respondent submits that the allegations made by the petitioner are false. There is no valid ground to ::3::
transfer the O.P from Mancherial to L.B.Nagar, Hyderabad and the present petition is liable to be dismissed. If the Court feels to transfer the O.P, it will be convenient to both parties to attend the O.P at Siddipet instead of L.B.Nagar, Hyderabad.
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.
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, 1 2022 SCC OnLine SC 1199 ::4::
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 D.O.P.No.05 of 2021 on the file of the Principal District and Sessions ::5::
Judge, Mancherial District is ordered to be withdrawn and transferred to the Judge, Family Court, Ranga Reddy District at L.B.Nagar for disposal in accordance with law.
10. The Learned Principal District and Sessions Judge, Mancherial District shall transmit the entire record of D.O.P.No.05 of 2021 duly indexed to the Judge, Family Court, Ranga Reddy District at L.B.Nagar 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:25.09.2023 spk