Sri Sindhu , Sindhu vs Abhijith Goud Thorlikonda
2023 Latest Caselaw 2871 Tel

Citation : 2023 Latest Caselaw 2871 Tel
Judgement Date : 4 October, 2023

Telangana High Court

Sri Sindhu , Sindhu vs Abhijith Goud Thorlikonda on 4 October, 2023

Bench: K. Sarath

     THE HONOURABLE SRI JUSTICE K.SARATH

          Transfer C.M.P. No. 310 of 2022

ORDER:

Heard, the learned counsel appearing for the

petitioner and perused the records.

2. Learned counsel for the petitioner submitted that

the petitioner and the respondent are wife and

husband and their marriage was solemnized on

06.12.2015. They lived a happy marital life for some

time and thereafter, disputes arose between them and

the petitioner filed a criminal complaint in Cr.No.90 of

2022 under Section 498-A of IPC, Sections 3, 4 of

Dowry Prohibition Act on the file of Sarangapur PS.

Thereafter, the petitioner filed DVC.No.33 of 2021 and

MC No.8 of 2022 on the file of the Additional Judicial

Magistrate First Class at Nirmal. The respondent filed

H.M. O.P. No. 55 of 2022 before the Senior Civil Judge

at Armoor for dissolution of marriage.

SK,J Tr.CMP.No. 310 of 2022

3. Learned Counsel appearing for the petitioner

further submits that the petitioner filed the present

Transfer Civil Miscellaneous Petition seeking to

withdraw the HMOP No.55 of 2022 from the file of

Senior civil Judge at Armoor and transfer to the file of

Senior civil Court at Nirmal on the ground that the

petitioner is residing at Sarangapur Village and

Mandal, Nirmal District. The petitioner is facing very

much difficulty in attending the Court regularly at

Armoor and the other two cases filed by the petitioner

are pending at Nirmal.

4. Notices were served to the respondent and the

matter came up for hearing on 12.12.2022 there was

no representation on behalf of the respondent and he

was set ex parte. Thereafter the matter was listed on

27.09.2023 and even today, when the matter came up

for hearing, none appeared on behalf of the respondent.

SK,J Tr.CMP.No. 310 of 2022

5. After hearing the learned counsel for the

petitioner and on perusing the material on record, this

Court is of the considered view that, it is settled law in

the transfer proceedings of matrimonial disputes, the

convenience of the wife is to be preferred over the

convenience of the husband. Therefore, the request of

the petitioner-wife is to be considered.

6. The Hon'ble Supreme Court in N.C.V.Aishwarya

Vs A.S.Saravana Karthik Sha 1 held as follows:

"9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioral pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out

2022 SCC OnLine SC 1199

SK,J Tr.CMP.No. 310 of 2022

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 at while considering transfer.

10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."

7. In view of the judgment of the Hon'ble Supreme

Court, the Transfer Civil Miscellaneous Petition is

allowed and H.M.O.P. No. 55 of 2022 pending on the

file of the Court of the Senior Civil Judge at Armoor is

ordered to be withdrawn and transferred to the Senior

Civil Judge Court at Nirmal for disposal in accordance

with law.

SK,J Tr.CMP.No. 310 of 2022

8. The Learned Senior Civil Judge, at Armoor shall

transmit the entire records of H.M.O.P. No. 55 of 2022

duly indexed to the Senior Civil Judge Court at Nirmal,

, within one (01) month from the date of receipt of the