THE HONOURABLE SRI JUSTICE K.SARATH
Tr.C.M.P.No.41 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 F.C.O.P.No.1053 of 2022 on the file of the Family Court, Malkajgiri, Ranga Reddy District filed by the respondent-husband herein to the Family Court at Khammam.
3. Learned Counsel for the petitioner submits that the petitioner and the respondent are wife and husband respectively and their marriage was solemnized on 17.12.2020 at Khammam as per the customs prevailing in Hindu Community. Due to disputes arose between the petitioner and the respondent, the petitioner is living separately since ::2::
more than one year. Thereafter, the respondent is subjected the petitioner to harassment and she filed a criminal case in C.C.No.892 of 2022 against the respondent and his family member under Section 498-A.
4. Learned Counsel for the petitioner submits that the respondent-husband filed F.C.O.P.No.1053 of 2022 under Section 9 of Hindu Marriage Act for restitution of conjugal rights. Thereafter, the petitioner filed M.C.No.80 of 2022 and F.C.O.P.No.165 of 2022 which are pending on the file of the Judge, Family Court-cum- IV Additional District and Sessions Judge, Khammam and also filed D.V.C.No.80 of 2022 which is pending on the file of the I Additional Junior Civil Judge-cum- Special Judicial Magistrate of First Class (Juvenile Court), Khammam.
5. Learned Counsel for the petitioner further submits that the petitioner residing at Khammam and the respondent filed restitution of conjugal rights ::3::
petition at Malkajgiri, Ranga Reddy District, hence the petitioner is facing difficulties to appear in F.C.O.P.No.1053 of 2022 on the file of the Family Court, Malkajgiri, Ranga Reddy District. Therefore, the petitioner requested to allow the present transfer petition.
6. Learned Counsel for the respondent basing on the counter submits that the petitioner currently working as a Software Engineer in Infosys, Hyderabad and earning Rs.70,000/- per month deliberately suppressed the fact from this Court and filed false petition before this Court to harass the respondent. The petitioner has filed maintenance case in M.C.No.80 of 2022 with misleading information to harass the respondent and even she did not appearing before the Family Court at Khammam for cross-examination. In view of the false allegations made by the petitioner against the respondent, the transfer petition is liable to be ::4::
dismissed and requested to dismiss the transfer petition.
7. 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.
8. 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 1 2022 SCC OnLine SC 1199 ::5::
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."
9. 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.
10. In view of the above findings, the Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.1053 of 2022 on the file of the Family Court at Malkajgiri, Ranga Reddy District is ordered to be withdrawn and transferred to the Family Court at Khammam for disposal in accordance with law.
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11. The Family Court at Malkajgiri, Ranga Reddy District shall transmit the entire record of F.C.O.P.No.1053 of 2022 duly indexed to the Family Court at Khammam within one (01) month from the date of receipt of copy of this order.
12. 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