The High Court of Andhra Pradesh in a petition filed for the transfer of a divorce case filed by a husband from a court of one district to a court in another district held that in matrimonial proceedings, the convenience of the wife has to be considered than the inconvenience of husband and when the husband filed petition seeking for divorce, and the wife filed petition for restitution of conjugal rights, both the petitions have to be disposed of by same Court to avoid conflicting decisions.
Brief Facts:
The transfer petition was filed by the wife under Section 24 of the Civil Procedure Code seeking transfer of divorce petition filed by the husband before Senior Civil Judge Court, Razole of East Godavari District to Tadepalligudem of West Godavari District as she was residing at her parent’s house Tadepalligudem which is at a distance of 75 km from Razole town.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that she has filed a complaint against the respondent, and his family members for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act before the Station House Officer, Tadepalligudem Town Police Station, and she also filed HMOP No.166 of 2022 on the file of Senior Civil Judge’s Court, Tadepalligudem of West Godavari District for restitution of conjugal rights and thus the petition should be allowed.
Observations of the Court:
The court referred to the material on record and stated that after the solemnization of the marriage of the parties, disputes arose between them due to which the respondent filed petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking for divorce before Senior Civil Judge’s Court, Razole of East Godavari District, whereas the petitioner filed petition on the file of Senior Civil Judge’s Court, Tadepalligudem of West Godavari District for restitution of conjugal rights, and she also lodged report before the Station House Officer, Tadepalligudem Town Police Station against the respondent and his family members.
The court then relied on the judgment in N.C.V Aishwarya vs. A.S. Saravana Karthik where it was held that when two or more proceedings are pending in different Courts between the same parties that raise a 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 to state that when the husband filed petition seeking for divorce, and the wife filed petition for restitution of conjugal rights, both the petitions have to be disposed of by same Court to avoid conflicting decisions.
Further, the court stated that it is a consistent view of the Hon’ble Apex Court that in matrimonial proceedings, the convenience of the wife has to be considered over the inconvenience of the husband and in the present case, the petitioner is residing in her parents’ house at Tadepalligudem of West Godavari District, where the marriage between the parties also solemnized and the petition filed by her under Section 9 of the Hindu Marriage Act for restitution of conjugal rights is also pending and thus there are grounds to consider the request of the petitioner for transfer of case.
The decision of the Court:
The court allowed the petition and transferred the case to the Senior Civil Judge’s Court, Tadepalligudem of West Godavari District.
Case Title: Rudra Bindu Sri Naga Lakshmi vs. Rudra Trinadha Adhi Prasanna Phani Kumar
Coram: Hon’ble Sri Justice Bandaru Syamsunder
Case No.: Transfer Civil Miscellaneous Petition No.434 of 2022
Advocate for the Applicant: Mr. Venkat Sunil Reddy
Advocate for the Respondent: None
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