Smt. Samala Kanche Yadamma Alias ... vs Samala Kumar Alias S.Ravi
2023 Latest Caselaw 1400 Tel

 THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU


  TRANSFER CIVIL MISCELLANEOUS PETITION NO.13 OF 2023


ORDER :

This Transfer Civil Miscellaneous Petition has been

filed by the petitioner/wife against the

respondent/husband under Section 24 of the Code of Civil

Procedure, 1908 with a prayer to transfer F.C.O.P.No.29 of

2022 from the file of the Family Judge, Rangareddy District

at L.B.Nagar, to the file of the Family Judge, Nagar

Kurnool.

2. The petitioner has filed her affidavit in support of the

petition and has submitted that her marriage was

performed with the respondent on 24.05.2019 at Antharam

Village of Tadoor Mandal. Eversince the date of the

marriage, the respondent harassed the petitioner for

additional dowry and abused her in filthy language. The

petitioner and the respondent started their marital life at

Hyderabad since the respondent has been working as a

software employee and out of the wedlock, they were

blessed with a girl child on 28.02.2020. The petitioner has

stated that subsequent to the birth of her girl child, the

respondent did not visit the house of her parents where

she delivered the baby. Therefore, the petitioner herself

went to the house of her husband along with her girl child

and there was heated arguments between the couple,

during which, the respondent informed to the petitioner

that he will leave the company of the petitioner and he is

going to file divorce petition. Accordingly, the respondent

has filed F.C.O.P.No.29 of 2022.

The petitioner has further submitted that her parents

belongs to a lower income group and they are not in a

position to provide necessary expenses and that she has to

attend the Court below at L.B.Nagar and the distance

between her native place and Hyderabad is more than 100

K.Ms.

The petitioner has stated that she filed the petition

seeking maintenance vide M.C.No.15 of 2022 and also filed

another case under the provisions of Domestic Violence

Act, 2005 vide D.V.C.No.6 of 2022 at Nagar Kurnool.

Therefore, the petitioner sought for transfer of the divorce

petition filed by the respondent from L.B.Nagar to Nagar

Kurnool.

3. Notice before admission was ordered. Notice sent to

the address furnished by the respondent in the divorce

petition was returned with an endorsement 'unclaimed'. It

is deemed that service against the respondent is sufficient.

Hence, he was set ex parte.

4. Heard learned counsel for the petitioner.

5. Now, the point that would emerge for determination is:

Whether there are any grounds to consider the request of the petitioner for transfer of the divorce petition filed by her husband ?

6. As per the averments made by the petitioner in her

affidavit and as per the arguments advanced by her

counsel, it depicts that the petitioner along with her

daughter has been staying at the house of her parents at

Nagar Kurnool whereas the respondent, who has been

working as software employee, filed divorce petition before

Family Court, L.B.Nagar, Rangareddy District. The

petitioner is a housewife without any separate source of

income. It is true that the petitioner cannot bear the

expenses, if she has to attend the Court and defend the

divorce petition filed by her husband at Hyderabad.

7. In Judgment N.C.V.AISHWARYA v.

A.S.SARAVANA KARTHIK SHA1, the Hon'ble Apex

Court was pleased to observe the following:

"......... Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."

8. By relying the Judgment referred supra, and

having regard to the facts and circumstances of this

case and arguments put forth by the learned counsel

appearing for the petitioner, this Court is of the

considered opinion that in matrimonial disputes, the

interest of wife shall be considered rather than the

interest of the respondent. The petitioner being a

mother of a small child without having any separate

source of income cannot afford the travelling expenses.

2022 SCC ONLINE SC 1199

In fact, the respondent is already facing trial in

maintenance case and domestic violence case filed by

the petitioner at Nagar Kurnool. Therefore, the request

of the petitioner can be considered.

9. Under the discussion made hereinbefore, the

petition is allowed. As a consequence thereof,

F.C.O.P.No.29 of 2022 on the file of the Family Judge,

Rangareddy District at L.B.Nagar, is withdrawn and

transferred to the file of the Family Judge, Nagar

Kurnool.

The concerned Court is hereby directed to

transmit the entire case file, after duly indexed, within

two weeks from the date of receipt of a copy of this

Order, under the intimation to the other side.

Pending miscellaneous applications, if any, shall

stand closed. No costs.

___________________________________ JUSTICE SAMBASIVA RAO NAIDU DATED 24.03.2023 YNK

THE HONOURABLE SRI JUSTICE SAMBASIVA RAO NAIDU

TRANSFER CIVIL MISCELLANEOUS PETITION NO.13 OF 2023

DATED 24.03.2023

YNK