Smt Parupudy Sai Lalitha vs Sri Palugula Rakesh
2023 Latest Caselaw 2665 Tel

Citation : 2023 Latest Caselaw 2665 Tel
Judgement Date : 23 September, 2023

Telangana High Court

Smt Parupudy Sai Lalitha vs Sri Palugula Rakesh on 23 September, 2023

Bench: K. Sarath

     THE HONOURABLE SRI JUSTICE K.SARATH

                Tr.C.M.P.No.107 of 2023

ORDER:

Heard Learned Counsel appearing for the

petitioner and Learned Counsel appearing for the

respondent and perused the records.

2. This transfer petition is filed under Section 24 of

Civil Procedure Code seeking to transfer D.O.P.No.650

of 2022 on the file of the Family Court Judge at

Secunderabad filed by the respondent-husband herein

to the Family Court Judge at Malkajgiri.

3. Learned Counsel for the petitioner submits that

the petitioner and the respondent are wife and

husband respectively and their marriage was

solemnized on 11.03.2020 in Arya Samaj at E.C.I.L

Medchal-Malkajgiri District as per the Hindu Rites and

Customs and registered on 18.03.2020. The petitioner

and the respondent led the marital life for some time.

Thereafter, the respondent and his parents subjected

the petitioner to harassment. Due to severe physical

harassment by the respondent herein, the petitioner ::2::

was taken to her parents house by her father on

27.11.2021. Thereafter, the respondent has issued

legal notice dated 31.07.2022 for restitution of conjugal

rights, subsequently, the petitioner issued reply to the

said notice expressing willingness to join the

matrimonial company. Instead of responding to the

reply of the petitioner, the respondent has filed

D.O.P.No.650 of 2022 before the Learned Family Court

Judge at Secunderabad and during the course of the

mediation, the respondent has threatened the

petitioner to give her consent for divorce petition.

4. Learned Counsel for the petitioner further

submits that the petitioner is residing at Dammaiguda

which is nearby Malkajgiri and even the respondent is

residing at Bhavaninagar, Kapra. In view of the

convenience of the both the parties requested to allow

the present transfer petition.

5. Learned Counsel for the respondent basing on the

counter submits that the petitioner filed the transfer

petition with all false and baseless allegations and

suppression of facts. Due to instigation of the ::3::

petitioner's parents, the petitioner started harassing

the respondent and filed a false criminal case of 498(A)

of I.P.C and Sections 3 and 4 of D.P.Act, 1961 in

C.C.No.2120 of 2022 on the file of the X Additional

Metropolitan Magistrate, Cyberabad at Medchal. If the

petitioner really facing the problems to attend the

Family Court at Secunderabad, she would have file the

present petition for transfer of D.O.P.No.650 of 2022

from Secunderabad to II Additional District Judge-

cum-Family Court at Medchal as both the Family Court

and Criminal Courts are available at Medchal, but she

has not do so. Therefore, this petition is liable to be

dismissed and requested to dismiss the transfer

petition.

6. After hearing both sides 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.

::4::

7. 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 behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out 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.

8. The above judgment of the Hon'ble Supreme

Court is squarely apply to the instant case and the

request made by the petitioner for transferring the said

O.P is liable to be considered.

9. In view of the above findings, the Transfer Civil

Miscellaneous Petition is allowed and D.O.P.No.650 of

2022 on the file of the Family Court Judge at

2022 SCC OnLine SC 1199 ::5::

Secunderabad is ordered to be withdrawn and

transferred to the Family Court Judge at Malkajgiri for

disposal in accordance with law.

10. The Learned Family Court Judge at Secunderabad