Mrs. Thippirishetty Manaswika vs Thippirishetty Naveen Kumar
2023 Latest Caselaw 2892 Tel

Citation : 2023 Latest Caselaw 2892 Tel
Judgement Date : 5 October, 2023

Telangana High Court

Mrs. Thippirishetty Manaswika vs Thippirishetty Naveen Kumar on 5 October, 2023

Bench: K. Sarath

     THE HONOURABLE SRI JUSTICE K.SARATH

           Transfer C.M.P. No. 284 OF 2023

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

24.06.2021. 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.154 of

2022 under Section 498-A, 354-D of IPC, Section 4 of

Dowry Prohibition Act on the file of Suryapet-II Town

PS. Thereafter, the petitioner filed DVC.No.21 of 2022

and MC No. 28 of 2022 on the file of the Principal

Judicial First Class Magistrate, Suryapet. The

respondent filed FCOP No. 20 of 2023 before the

Court of Additional Family Court, Ranga Reddy District

at L.B. Nagar for dissolution of marriage.

SK,J Tr. CMP. No. 284 of 2023

3. Learned counsel appearing for the petitioner

further submits that the petitioner filed the present

Transfer Civil Miscellaneous Petition seeking to

withdraw the FCOP No. 20 of 2023 from the file of

Additional Family Court, Ranga Reddy District at L.B.

Nagar and transfer to the file of Senior Civil Judge

Court at Suryapet on the ground that the petitioner is

residing at Suryapet Town. The petitioner is facing

very much difficulty in attending the Court regularly at

Ranga Reddy District at L.B. Nagar and the other two

cases filed by the petitioner are pending at Suryapet.

4. Notices were served to the respondent and the

matter came up for hearing on 02.08.2023 there was

no representation on behalf of the respondent.

Thereafter the matter was listed on 09.08.2023 and

even today, when the matter came up for hearing, none

appeared on behalf of the respondent.

SK,J Tr. CMP. No. 284 of 2023

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. 284 of 2023

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 FCOP No. 20 of 2023 pending on the file of

the Court of the Additional Family Court, Ranga Reddy

district at L.B. Nagar is ordered to be withdrawn and

transferred to the Senior Civil Judge Court at Suryapet

for disposal in accordance with law.

SK,J Tr. CMP. No. 284 of 2023

8. The Learned Additional Family Court Judge,

Ranga Reddy District at L.B. Nagar shall transmit the

entire records of FCOP No. 20 of 2023 duly indexed to

the Senior Civil Judge Court at Suryapet, within one