Telangana High Court
Swathi vs Kammari Santosh Alias Santosh ... on 28 July, 2022
Bench: A.Venkateshwara Reddy
THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY
Tr.C.M.P.No.121 of 2022
ORDER:
The petitioner/wife has filed this Transfer Civil
Miscellaneous Petition under Section 24 of the Civil
Procedure Code, 1908 (for short 'CPC') with a prayer to
withdraw FCOP No.215 of 2022 pending on the file of the
XVI Additional District Judge-cum-III Additional Family
Court at Malkajgiri and to transfer the same to the Senior
Civil Judge, Sircilla.
2. Notice is served on the respondent/husband. He has
filed a detailed counter. Heard learned counsel on both
sides. Submissions made on either side have received due
consideration of this Court. Perused the material available
on record.
3. The main averments of the affidavit filed in support of
the Tr.CMP are that the petitioner is the legally wedded
wife of the respondent, their marriage was solemnized on
on 16.03.2016, later the respondent has filed FCOP No.215
of 2022 on the file of the XVI Additional District Judge-
cum-III Additional Family Court at Malkajgiri, which is at a
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Tr.CMP No.121 of 2022
distance of 144 k.m. from her native place and that it is
causing lot of inconvenience to commute from her native
place to the Family Court at Malkajgiri on each and every
date of hearing and accordingly prayed to allow this
transfer petition.
4. The main averments of the counter of the respondent
/husband are that the averments of the affidavit filed in
support of the petition are not correct. He has serious life
threat at Siricilla, because the petitioner has bore grudge
against him. She is suffering from mental disorder, it was
suppressed and she is now taking treatment for
schizophrenia, coming to Hyderabad at least twice in a
week for treatment and she can as well attend the Court at
Malkajgiri. There is no need to transfer the matter to
Sircilla, accordingly, prayed for dismissal of petition. It is
further submitted by the learned counsel, that the
respondent is a private employee, he has to look after his
parents and that the petitioner is not in a position to lead
marital life and she is not fit to continue her
responsibilities as wife of the respondent.
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Tr.CMP No.121 of 2022
5. Admittedly, the petitioner herein is resident of
Racharla Boppaur Village, Yellareddypet Mandal, Rajanna
Sircilla District. She is living with her widowed mother. It
is further mentioned by the respondent that the petitioner
has schizophrenia and she is attending for her treatment at
Hyderabad at least twice in a week, which is disputed by
her stating that she is taking treatment at Sircilla only and
she is not to Hyderabd for treatment.
6. Be that as it may, having regard to the health
condition of the petitioner, considering the scheme of the
Hindu Marriage Act 1955, particularly the provision of
Section 19 (iii)(a) of Hindu Marriage Act and convenience of
the wife, I find justification in the request of the petitioner
for transfer of the matter from Malkajigiri to Sircilla.
7. In this context, I may refer to the judgment of the
Hon'ble Supreme Court of India in Rajani Kishor Pardeshi
v. Kishor Babulal Pardeshi1 wherein the Apex Court while
dealing with transfer proceedings of a matrimonial dispute
(2005) 12 SCC 237
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Tr.CMP No.121 of 2022
held that in this type of matters, the convenience of the
wife is to be preferred over the convenience of the husband.
8. Therefore, in the given factual background of the
case, considering the health condition of the petitioner/
wife, scheme of the Hindu Marriage Act 1955, principles
laid by the Hon'ble Apex Court, the Transfer Civil
Miscellaneous Petition filed by the wife is allowed. HMOP
No.215 of 2022 pending on the file of the XVI Additional
District Judge-cum-III Additional Family Court at
Malkajgiri, is ordered to be withdrawn and transferred to
the Senior Civil Judge at Sircilla for disposal in accordance
with law. The learned XVI Additional District Judge-cum-
III Additional Family Court at Malkajgiri shall transmit the
entire record in FCOP No.215 of 2022 duly indexed within
one month from the date of receipt of a copy of this order.
However, there shall be no order as to costs.
As a sequel, interlocutory applications, if any pending
in this Tr.CMP shall stand closed.
__________________________________
A. VENKATESHWARA REDDY, J.
Date: 28.07.2022
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