Chitra Yalakki vs Rajshekhar Yalakki
2023 Latest Caselaw 296 Tel

     THE HON'BLE SRI JUSTICE SAMBASIVA RAO NAIDU

 TRANSFER CIVIL MISCELLANEOUS PETITION No.343
                    OF 2022


ORDER :

This Transfer Civil Miscellaneous Petition is filed by

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

respondent who is her husband with a prayer to transfer

F.C.O.P.No.184 of 2014 filed by the respondent herein

before Family Court, Rangareddy at L.B.Nagar and transfer

the same to Family Court, Sangareddy.

2. In support of the petition the petitioner herein has

filed her own affidavit stating that her marriage was

performed with the respondent on 07.07.2003 at Bidar of

Karnataka State. She joined the respondent at

Mehdipatnam, Hyderabad. By that time the respondent

was working at Qatar. Since the mother of respondent

(mother-in-law of petitioner herein) was suffering from

paralysis attack, the respondent asked the petitioner

herein to stay with her. Subsequently in the month of

December, 2003 the petitioner joined her husband at

Tr.CMP No.343 of 2022

Qatar. The respondent subjected her to physical and

mental harassment by saying that she was not up to his

expectations. The Visa of the petitioner was expired in

December, 2003. Therefore, she was forced to return to

India. The respondent directed the petitioner to stay with

his mother for assisting her. The petitioner claimed that

even after return of her husband, she had to face lot of

mental harassment from the family members of

respondent. Subsequently during 2007, the respondent got

job in Sahara at United Arab Emirates. Thereafter, the

petitioner joined her husband. But, on 31.03.2012 the

respondent sent her to Hyderabad and all her attempts to

join the respondent failed as the respondent refused to

take her to the matrimonial society. The petitioner claims

that her husband/respondent filed divorce petition vide

F.C.O.P.No.184 of 2014 before Additional Family Court,

Rangareddy on false grounds. The respondent failed to pay

maintenance which was awarded by the Family Court,

Rangareddy in the interlocutory application filed by the

petitioner herein.

Tr.CMP No.343 of 2022

3. The petitioner filed Execution Petition for enforcing

maintenance amount and at the intervention of elders and

relatives of both parties, the respondent executed a Gift

Deed in favour of the petitioner in respect of a house

situated at Vijayapuri Colony, Sahebnagar Kalan Village,

Rangareddy District, but she was not allowed to stay in the

house. It seems the petitioner alienated the said house and

the respondent also executed another sale deed which is

subject matter of a criminal case pending between the

parties.

4. The petitioner further stated that her marriage was

performed with the respondent at Karnataka State and

they never stayed within the limits of Saroornagar,

Rangareddy. Even though there was no cause of action, the

respondent filed FCOP before Family Court, Rangaredddy.

The petitioner has further stated that she is attending

Family Court since 2014. But the respondent failed to pay

interim maintenance as per the directions of the Family

Court. Therefore, the petitioner is staying at her native

place. If the petitioner was asked to attend the Family

Tr.CMP No.343 of 2022

Court at Rangareddy, she has to travel a distance of 180

K.M., and need to spend Rs.1500/- for every journey. The

petitioner has attributed that the respondent was sending

some goondas to pressurize the petitioner for consenting

for divorce, thereby the petitioner sought for transfer of

F.C.O.P.No.184 OF 2014 filed by the respondent herein

before Family Court, Rangareddy at L.B.Nagar and transfer

the same to Family Court, Sangareddy.

5. The respondent was served with notice, but he did

not attend the Court. Thereby, he was set exparte.

6. Heard learned counsel for the petitioner.

7. Now the point for consideration is:

Whether the there are any grounds to transfer F.C.O.P.No.184 OF 2014 filed by the respondent herein from the file of Family Court, Rangareddy at L.B.Nagar to the file of Family Court, Sangareddy as prayed for?

8. POINT

Learned counsel for the petitioner has submitted that

the petitioner is a lady who cannot travel all the way from

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Sangareddy to Rangareddy. She apprehends danger in the

hands of the respondent and his henchmen. Learned

counsel while relying on judgment between

N.C.V.Aishwarya vs A.S.Saravana Karthik Sha1 has

submitted that when wife had no source of income, totally

depending upon her parents and when she suppose to

travel alone at long distance, the FCOP filed by the

respondent can be transferred to the place where the

petitioner/wife is residing. In this connection the main

ground on which the present transfer petition is filed is

financial incapacity of the petitioner to meet the expenses

as well as long distance between her native place and the

Court at which her husband filed the petition for divorce.

The respondent who was served with notice did not choose

to oppose the petition, thereby he remained exparte.

9. In the light of the judgment of Hon'ble Apex Court

and in the light of the above stated circumstances, there

are grounds for considering the request of the petition for

transferring the FCOP filed by her husband from Family

1 AIR 2022 SCC 4318

Tr.CMP No.343 of 2022

Court, Rangareddy at L.B.Nagar to Family Court,

Sangareddy as per the request of the petitioner.

10. In the result, the petition is allowed. As a

consequence thereof, F.C.O.P.No.184 of 2014 on the file of

Family Court, Rangareddy at L.B.Nagar, is withdrawn and

transferred to the file of Family Court, Sangareddy

11. 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.

As a sequel, pending Miscellaneous Applications, if

any, shall stand closed.

___________________________________ JUSTICE SAMBASIVA RAO NAIDU Date:23.01.2023 Pssk