Smt. Kurri Divya vs Boddu Surender
2023 Latest Caselaw 2693 Tel

Citation : 2023 Latest Caselaw 2693 Tel
Judgement Date : 25 September, 2023

Telangana High Court

Smt. Kurri Divya vs Boddu Surender on 25 September, 2023

Bench: K. Sarath

     THE HONOURABLE SRI JUSTICE K.SARATH

                Tr.C.M.P.No.56 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.05 of

2021 on the file of the Principal District and Sessions

Judge, Mancherial District filed by the respondent-

husband herein to the Judge, Family Court, Ranga

Reddy District at L.B.Nagar.

3. Learned Counsel for the petitioner submits that

the petitioner and the respondent are wife and

husband respectively and their marriage was

solemnized on 22.10.2018. During the wedlock, they

blessed with a girl child. Thereafter, the respondent

and his family members subjected the petitioner to

harassment. Subsequently, she lodged a complaint ::2::

against the respondent on 25.09.2020 wherein

F.I.R.No.785 of 2020 was registered for the offence

under Section 498-A, 323, 509 read with 34 of I.P.C

and Sections 3 and 4 of D.P.Act, 1961.

4. Learned Counsel for the petitioner further

submits that the respondent filed D.O.P.No.05 of 2021

on the file of the Principal District and Sessions Judge

at Mancherial seeking divorce with all false and

frivolous allegations. Presently, the petitioner is

residing at her parent's house along with her minor

child at Hyderabad and the distance between

Hyderabad to Mancherial is more than 250 KM and it

is very difficult for her to travel from Hyderabad to

Mancherial along with her minor child to defend the

case and requested to allow the present transfer

petition.

5. While opposing the petition, Learned Counsel for

the respondent submits that the allegations made by

the petitioner are false. There is no valid ground to ::3::

transfer the O.P from Mancherial to L.B.Nagar,

Hyderabad and the present petition is liable to be

dismissed. If the Court feels to transfer the O.P, it will

be convenient to both parties to attend the O.P at

Siddipet instead of L.B.Nagar, Hyderabad.

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.

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,

2022 SCC OnLine SC 1199 ::4::

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.

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."

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.05 of

2021 on the file of the Principal District and Sessions ::5::

Judge, Mancherial District is ordered to be withdrawn

and transferred to the Judge, Family Court, Ranga

Reddy District at L.B.Nagar for disposal in accordance

with law.

10. The Learned Principal District and Sessions