Telangana High Court
Chaitanya Deepa vs K. Krishna on 20 March, 2024
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.341 OF 2023
ORDER:
This Transfer Civil Miscellaneous Petition is filed by the petitioner-wife seeking transfer of H.M.O.P.No. 128 of 2022, filed by the respondent-husband, from the file of learned Senior Civil Judge, Vikarabad, to the file of the learned Family Court, Hyderabad.
2. The marriage of the petitioner - wife was solemnized with the respondent - husband on 25.09.2019 and they were blessed with a male child; who is now aged about 02 years and suffering from autism. Unable to bear the physical and mental harassment caused to her by the respondent and her in-laws, she lodged a complaint against them before the Women Police Station, Hyderabad, basing on which Crime No.355 of 2021 was registered for the offences punishable under Section 498-A of I.P.C and Sections 3 and 4 of the Dowry Prohibition Act, and the same is pending. Subsequently, the respondent filed H.M.O.P No.128 of 2022 on the file of Senior Civil Judge, Vikarabad, seeking a decree of divorce.
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3. It is stated that the petitioner along with her minor child is residing along with her parents at Hyderabad and that she cannot travel all along to attend the Court proceedings in the aforesaid HMOP at Vikarabad, which is 100 Kms away from Hyderabad; on each and every date of hearing and she is apprehending life threat at Vikarabad. Hence, the present Tr.C.M.P.
4. Heard Sri B. Pratap, learned counsel for the petitioner. Despite service of notice, there is no representation on behalf of the respondent. Perused the record.
5. Learned counsel for the petitioner would submit that it is difficult for the petitioner to travel all alone from Hyderabad to Vikarabad to attend the Court proceedings in the HMOP along with small child of 2 years and therefore, sought for transfer of the aforesaid H.M.O.P.No.128 of 2022 to the Family Court at Hyderabad.
6. Learned counsel for the petitioner further contended that in the transfer proceedings of matrimonial disputes, 3 LNA, J TrCMP.No.341 of 2023 the convenience of the wife has to be considered, rather than the convenience of the husband, and therefore, the request of the petitioner-wife needs to be considered. In support of the said contention, learned counsel for the petitioner relied upon a judgment of the Hon'ble Supreme Court in NVC Aishwarya Vs A.S. Saravana Karthik Sha 1.
7. On the other hand, learned counsel for the respondent - husband would submit that the respondent filed H.M.O.P.No.128 of 2022 seeking divorce, whereas the petitioner filed C.C.No.12807 of 2021, and both are pending for adjudication and opposed the transfer petition.
8. The Hon'ble Supreme Court in NCV Aishwarya's case (supra) 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, 1 2022 SSC online SC 1199 4 LNA, J TrCMP.No.341 of 2023 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."
9. The aforesaid principle of law laid down by the Hon'ble Supreme Court has been reiterated by the High Court of Bombay in the case of Devika Dhiraj Patil Nee 5 LNA, J TrCMP.No.341 of 2023 Devika Jayprakash Buttepatil v. Dhiraj Sunil Patil 2, wherein it was observed as under:-
"In a country like India, important decisions such as marriage, divorce are still taken with the guidance and blessings of elders in the family. For a lady to travel alone for the proceedings to a Court where the fate of her marriage is going to be decided without any family member would definitely be a matter of concern and cause not only physical inconvenience but also emotional and psychological inconvenience.
10. Further, in the case of Priyanka Rahul Patil vs. Rahul Ravindra Patil 3, the High court of Bombay while following the principle laid down in N.C.V.Aishwarya's case (supra 1) and Dhiraj Sunil Patil's case (supra 2) held as follows:-
"The underlying principle governing the proceedings under Section 24 of the CPC, is that convenience of the wife is to be preferred over the convenience of the husband."2
(2023 SCC OnLine Bom 1926) 3 (2023 SCC OnLine Bom 1982) 6 LNA, J TrCMP.No.341 of 2023
11. Thus, there are catena of decisions of the Hon'ble Supreme Court and other High Courts to the effect that in matrimonial matters/disputes, while considering the application for transfer of the proceedings from one Court to another Court, the Courts must prefer the convenience of the wife as against the convenience of the husband.
12. A perusal of the record discloses that the petitioner is seeking transfer of the H.M.O.P.No.128 of 2022 filed by the respondent from the Court of Vikarabad to the Court of Hyderabad, on the ground that she has to look after her parents, child and, it is difficult for her to travel from Vikarabad to Hyderabad on each and every date of hearing by taking assistance from her family members along with small child.
13. Therefore, in the facts and circumstances of the case and in the light of the principle laid down in the aforesaid decisions, this Court is inclined to accede to the request of the petitioner-wife seeking transfer of the case.
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14. Accordingly, this Transfer C.M.P. is allowed and H.M.O.P.No.128 of 2022 pending before the Court of Senior Civil Judge, Vikarabad, is withdrawn and transferred to the Court of the Family Court, Hyderabad, for disposal in accordance with law. The learned Senior Civil Judge, Vikarabad, shall transmit the entire original record in H.M.O.P.No.128 of 2022, duly indexed, to the Family Court, Hyderabad, preferably within a period of one month from the date of receipt of a copy of this order. No costs.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ LAXMI NARAYANA ALISHETTY, J Date: 20.03.2024 fm