Telangana High Court
Smt.Mergu Uma Smt.Samala Uma vs Mergu Suman on 26 November, 2021
Bench: A.Venkateshwara Reddy
HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY
TRANSFER CIVIL MISCELLANEOUS PETITION.No.85 of 2020
ORDER:
The petitioner-wife has filed this Transfer CMP
under Section 24 of CP.C. for withdrawal of FCOP No.756 of 2020
pending on the file of Judge, Family Court, Ranga Reddy District at
L.B.Nagar and to transfer the same to the Senior Civil Judge's
Court at Sircilla, Rajanna Sircilla.
2. The petitioner is the legally wedded wife of respondent. Their
marriage was solemnised on 22.11.2020 as per the prevailing
customs in their community, lead marital life for some time. Later
the respondent and his family members started demanding for
additional amount. Though the elders advised, the respondent did
not change his attitude, drove away the petitioner from the
matrimonial house and filed FCOP.No.756 of 2020 before the
Judge, Family Court at L.B.Nagar with all false allegations.
3. This petition is resisted by the respondent, who filed
detailed counter admitting the marriage with the petitioner. But it
is alleged that from the day one of the marriage, the petitioner was
harassing him. Respondent shifted his family to Nizampet,
Hyderabad. Even after shifting his residence to Nizampet, the
petitioner continued to harass him. Finally, the respondent is
compelled to file FCOP.No.756 of 2020 seeking dissolution of the
marriage. It is only after receipt of notice copies in the said OP, the
petitioner has filed a criminal case in crime No.43 of 2021 before
the Police Siricilla for the offences under Section 498-A IPC. The
respondent has also filed a civil suit vide O.S.No.387 of 2020 for
injunction against the petitioner herein for not to interfere with his
possession over the house at Nizampet.
4. Heard on both sides.
5. The point for consideration is, whether the petitioner is
entitled for transfer of FCOP.No.756 of 2020 on the file of Judge,
Family Court at L.B.Nagar to the Court of Senior Civil Judge,
Sircilla of Karimnagar District.
6. Learned counsel for the petitioner seeks to submit that the
respondent is also native of Sircilla, only to gain the jurisdiction of
Ranga Reddy Courts, the present divorce OP is filed before the
Judge, Family Court at L.B.Nagar, Ranga Reddy District.
7. Per contra, learned counsel for the respondent seeks to
submit that the respondent is resident of Hyderabad. In fact, he
has purchased a Flat at Nizampet and started living therein. When
the petitioner has created galata, he is forced to file injunction suit
before the Junior Civil Judge's Court at Medchal. There is threat
to the respondent, if the matter is transferred to Sircilla and
accordingly prayed for dismissal of Transfer CMP.
8. Admittedly, the petitioner is the legally wedded wife of the
respondent. Now they are living separately. It is also admitted fact
that the petitioner and respondent lastly resided at Nizampet for
some time. It is the case of the petitioner that the respondent
started demanding for additional dowry and as his demand was
not satisfied, she was thrown out of his house. She was forced to
stay with her old aged parents at Sircilla. The respondent being
native of Sircilla, has falsely shown his address at Hyderabad.
9. The respondent has filed FCOP.No.756 of 2020, wherein his
residence is shown as Balaji Hills, Rajasekhar Colony, Bodduppal,
Medchal District, whereas the residence of respondent therein who
is the petitioner herein shown as Sircilla Town.
10. The Hon'ble Supreme Court in Rajani Kishor Pardeshi v.
Kishor Babulal Pardeshi1, while dealing with transfer proceedings
of a matrimonial dispute, held that in this type of matters, the
convenience of the wife is to be preferred over the convenience of
the husband.
11. In such circumstances, relying on the principles laid down
by the Hon'ble Supreme Court of India in the above judgment,
I deem it fit to consider the request of the petitioner.
12. The respondent strenuously contended that there is threat to
his life, if the matter is transferred to Siricilla.
13. Undisputedly, the petitioner-wife has filed a criminal case
before the police at Sircilla and the respondent is attending the
Court at Sircilla. That apart, the respondent has not filed any
piece of paper to show that there was threat perception to his life
and that whenever, he attended the Court at Sircilla he was
threatened. The Hon'ble Supreme Court in Sangeetha alias
Shreya v. Sangeetha Allas Shreya v. Prasant Vijay Wargiya2
held that if threat is given, the respondent can always complain to
the Court which will be considered on its merits. In such an event,
as we are living in a civilised society, the respondent is at liberty to
bring it to the notice of the Court about any such threat or to take
(2005) 12 SCC 237
(2004) 13 SCC 407
appropriate legal action in accordance with law. Therefore, I am
not inclined to accept the contention of learned counsel for the
respondent about threat given to the respondent.
14. In the result, the Transfer CMP is allowed. FCOP.No.756 of
2020 pending on the file of Judge, Family Court , Ranga Reddy
District at L.B.Nagar is ordered to be withdrawn and to transferred
to the Court of Senior Civil Judge at Sircilla for disposal in
accordance with law. The learned Judge, Family Court, Ranga
Reddy District at L.B.Nagar shall transmit the entire record duly
indexed to the Court of Senior Civil Judge, Sircilla within one
month from the date of receipt of a copy of this order. Pending
miscellaneous applications, if any, shall stand closed.
________________________________
A.VENKATESHWARA REDDY,J
26 .11.2021
Nvl
