Telangana High Court
Gajjala Koyyada Manasa vs Gajjala Srikanth on 1 March, 2024
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.01 OF 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed by the petitioner - wife seeking transfer of H.M.O.P.No.23 of 2023 from the file of the Senior Civil Judge, Asifabad to the Court of Senior Civil Judge Court, Peddapalli.
2. The brief facts leading to file the present Tr.C.M.P. are that the marriage of the petitioner - wife was solemnized with the respondent - husband on 29.01.2020 at Arya Vyshya Kalyana Mandapam, Sirpur Kagaznagar, as per the prevailing customs in their community. It is an inter-caste marriage and they were blessed with a female child on 10.11.2020.
3. In view of the harassment and differences, the petitioner - wife filed a complaint against the respondent - husband before the Police, Basanthnagar Police Station, Ramagundam, and an FIR No.237 of 2023, dated 04.11.2023, was registered for the offences punishable under Sections 498-A r/w Section 34 I.P.C and Section 4 of the Dowry Probation Act Act. The respondent filed 2 LNA, J TrCMP.No.01 of 2024 H.M.O.P.No.23 of 2023 on the file of the Court of Senior Civil Judge, Asifabad, under Section 13(1)(1a) of the Hindu Marriage Act, 1955, seeking divorce and the said case is pending adjudication. In the meanwhile, the petitioner - wife filed a Domestic Violence Case vide DVC (SR) No.1809 of 2023 on the file of the Court of Hon'ble Judicial Magistrate of First Class at Peddapalli and the same is pending.
4. It is stated that the petitioner cannot travel alone from Peddapalli to Asifabad and there is a threat to her life; that for every hearing, the petitioner has to take assistance from her family members to travel from Peddapalli to Asifabad, which is very difficult; that DVS (SR) NO.1809 of 2023 filed by her is pending before the Senior Civil Judge Court at Peddapalli. The petitioner, therefore, prayed to transfer H.M.O.P.No.23 of 2023, which is filed by the respondent-husband, from the Court of Senior Civil Judge Asifabad to the Court of Senior Civil Judge, Peddapalli.
3 LNA, J TrCMP.No.01 of 2024
5. Heard Sri K. Sravan Kumar, the learned counsel for the petitioner and Sri Saidam Laxmi narayana, the learned counsel for the respondent. Perused the record.
6. Learned counsel for the petitioner would submit that the petitioner is not having any income and that she is dependent on her parents for her survival. He also submits that it is difficult for the petitioner to look after the minor child and attend the Court at Asifabad on each and every date of hearing and that the distance between Peddapaali to Asifabad is more than 108 Kilometers. He further submits that the other case i.e., Domestic Violence Case filed by the petitioner is pending in the Court at Peddapalli. The learned counsel, therefore, prayed to transfer the H.M.O.P.No.23 of 2023 pending on the file of the Court of Senior Civil Judge, Asifabad to the Court of Senior Civil Judge, Peddapalli.
7. Learned counsel for the petitioner further contended that in the transfer proceedings of matrimonial disputes, the convenience of the wife has to be considered, rather 4 LNA, J TrCMP.No.01 of 2024 than the convenience of the husband and therefore, the request of the petitioner-wife needs to be considered. In support of the said contentions, 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.
8. On the other hand, learned counsel for the respondent - husband would submit that the respondent filed H.M.O.P.No.23 of 2023 seeking divorce in August, 2023, whereas the petitioner filed DVC (SR).No.1809 of 2023 in November, 2023, which is not yet numbered. Therefore, it is clear that the petitioner has filed the Domestic Violence Case subsequent to the filing of the H.M.O.P.No.23 of 2023 by the respondent. The learned counsel, therefore, prayed to dismiss the Transfer C.M.P.
09. The Hon'ble Supreme Court in NCV Aishwarya Vs A.S.Saravana Karthik Sha 2 held as follows: 1
2022 SSC online SC 1199 2 2022 SCC Online SC 1199 5 LNA, J TrCMP.No.01 of 2024 "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."
10. The principle of law laid down by the Hon'ble Supreme Court in N.C.V.Aishwarya's case (supra 2), has been reiterated by the High Court of Bombay in Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil v.
Dhiraj Sunil Patil 3, 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 3 (2023 SCC OnLine Bom 1926) 6 LNA, J TrCMP.No.01 of 2024 decided without any family member would definitely be a matter of concern and cause not only physical inconvenience but also emotional and psychological inconvenience
11. Further, in the case of Priyanka Rahul Patil vs. Rahul Ravindra Patil 4, the High court of Bombay followed the principle laid down in N.C.V.Aishwarya's case (supra 2) and Dhiraj Sunil Patil's case (supra 3) and held as follows:-
"The Court underlying principle governing the convenience of the wife is to be preferred over the convenience of the husband."
12. 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 over the convenience of the husband.
13. In the present, case, a perusal of the record discloses that the petitioner is seeking transfer of the H.M.O.P.No.23 of 2023 filed by the respondent from the Court of Senior 4 (2023 SCC OnLine Bom 1982) 7 LNA, J TrCMP.No.01 of 2024 Civil Judge, Asifabad, to the Court of Senior Civil Judge, Peddapalli, on the ground that she is dependent upon her parents and has to look after the welfare of her child, aged about 04 years and therefore, it is difficult for her to travel from Peddapalli to Asifabad on each and every date of adjournment. Further, for each and every date of hearing, she has to take assistance from her family members.
14. 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.
15. Accordingly, this Transfer C.M.P. is allowed and H.M.O.P.No.23 of 2023 pending before the Court of Senior Civil Judge, Asifabad, is withdrawn and transferred to the Court of the Senior Civil Judge Court, Peddapalli, for disposal in accordance with law. The learned Senior Civil Judge, Asifabad, shall transmit the entire original record in H.M.O.P.No.23 of 2023, duly indexed, to the Court of the Senior Civil Judge Court, Peddapalli, preferably within a 8 LNA, J TrCMP.No.01 of 2024 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: 01.03.2024 fm