Godishala Srujana vs Godishala Anil Kumar
2022 Latest Caselaw 6369 Tel

 THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU

 TRANSFER CIVIL MISCELLANEOUS PETITION No.220
                    OF 2022


ORDER :

This Transfer Civil Miscellaneous Petition is filed by

the petitioner/wife under Section 24 of C.P.C., against the

respondent/husband seeking transfer of O.P.No.375 of

2019 from the file of Family Court, Warangal to the file of

Family Court, Medchal-Malkajgiri District.

2. In support of the petition the petitioner herein has

filed her own affidavit stating that her marriage was

performed with the respondent on 10.05.2006 at

Padmashali Bhavan, Warangal. She joined the respondent.

At the time of marriage, the parents of the petitioner

presented sufficient dowry and customary gifts to the

respondent. They lead happy marital life only for a period

of 6 months and they begot a child. Subsequently the

respondent having addicted to bad habits, started abusing

the petitioner. A panchayath was held in presence of the

Tr.CMP No.220 of 2022

elders. The petitioner has alleged that she was subjected to

harassment with a demand for additional dowry.

Subsequently, the respondent filed a petition under Section

9 of Hindu Marriage for Restitution of Conjugal Rights vide

O.P.No.375 of 2019 before Family Court, Warangal.

3. The petitioner further stated that she has no source

of income and residing along with her daughter at the

house of her brother. She filed a petition for maintenance

vide M.C.No.26 of 2019, which is pending. The petitioner

has also filed a case under the provisions of Domestic

Violence Case which is pending before I Additional Judicial

Magistrate of First Class at Warangal. The petitioner states

that she cannot offered to travel from Kothagudem to

Hyderabad, thereby she sought for transfer of O.P.No.375

of 2019 filed by the respondent/husband from Warangal to

Medchal-Malkajgiri District.

4. Proof of service filed. The respondent did not choose

to attend the Court.

5. Heard counsel for the petitioner.

Tr.CMP No.220 of 2022

6. Now the point for consideration is:

Whether there are any grounds to transfer O.P No.375 of 2019 from Waragal to Medchal-Malkajgiri as prayed for ?

7. POINT

As per the material averments made in the petition

and affidavit filed in support of the petition, it was the case

of the petitioner that soon after the marriage, she joined

the respondent at his house. They lead happy marital life

for some time. Subsequently, disputes arose between the

couple. It was alleged against the respondent that he

subjected the petitioner to cruelty and dowry harassment.

As per the averments made in the affidavit, it seems the

petitioner has already filed a petition under Section 125

Cr.P.C., seeking maintenance and a criminal case with an

allegation that the respondent and his family members

subjected her to harassment. As per the allegations in the

affidavit filed by the petitioner she has filed petition for

maintenance at the place where the petitioner is staying

with her parents. It further shows that the respondent has

Tr.CMP No.220 of 2022

filed petition under Section 9 of Hindu Marriage Act for

Restitution of Conjugal Rights vide O.P. No.375 of 2019.

The petitioner states that she has no separate source of

income. She is depending upon her brother. She has to

travel at a distance of 150 kms., to attend and prosecute

O.P.No.375 of 2019. Counsel for the petitioner has also

submitted that in the light of the judgment of the Hon'ble

Apex Court between N.C.V.Aishwarya vs A.S.Saravana

Karthik Sha1, this Court has to see the interest of the

petitioner.

8. In the above judgment the Hon'ble Supreme Court

was pleased to observe that "whenever Courts are called

upon to consider the plea of transfer, the Courts have to take

into consideration the economic soundness of both parties,

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

1 2022 SCC Online SC 1199

Tr.CMP No.220 of 2022

at while considering transfer." The petitioner being a lady

without any separate source of income, need to depend on

her parents/brother not only for travelling such a long

distance, but also for the travel expenses. Therefore, the

petitioner's interest can be protected. As such there are

grounds for transfer of O.P.No.375 of 2019 filed by the

respondent/husband.

9. In the result the petition is allowed. As a consequence

thereof, O.P.No.375 of 2019 on the file of Family Court,

Warangal, is withdrawn and transferred to the file of

Family Court, Medchal-Malkajgiri.

10. The concerned Court is hereby directed to transmit

the entire case file, after duly indexed, within (4) four

weeks from the date of receipt of this Order, under the

intimation to the other side.

11. As a sequel, pending Miscellaneous Applications, if

any, shall stand closed.

___________________________________ JUSTICE SAMBASIVA RAO NAIDU Date: 02.12.2022 Pssk