Sadhu Bhagavathula Prathyusha vs Bhagavathula Radha Shashank
2023 Latest Caselaw 2696 Tel

Citation : 2023 Latest Caselaw 2696 Tel
Judgement Date : 25 September, 2023

Telangana High Court

Sadhu Bhagavathula Prathyusha vs Bhagavathula Radha Shashank on 25 September, 2023

Bench: K. Sarath

     THE HONOURABLE SRI JUSTICE K.SARATH

                   Tr.C.M.P.No.41 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

F.C.O.P.No.1053 of 2022 on the file of the Family

Court, Malkajgiri, Ranga Reddy District filed by the

respondent-husband herein to the Family Court at

Khammam.

3. Learned Counsel for the petitioner submits that

the petitioner and the respondent are wife and

husband respectively and their marriage was

solemnized on 17.12.2020 at Khammam as per the

customs prevailing in Hindu Community. Due to

disputes arose between the petitioner and the

respondent, the petitioner is living separately since ::2::

more than one year. Thereafter, the respondent is

subjected the petitioner to harassment and she filed a

criminal case in C.C.No.892 of 2022 against the

respondent and his family member under Section

498-A.

4. Learned Counsel for the petitioner submits that

the respondent-husband filed F.C.O.P.No.1053 of 2022

under Section 9 of Hindu Marriage Act for restitution of

conjugal rights. Thereafter, the petitioner filed

M.C.No.80 of 2022 and F.C.O.P.No.165 of 2022 which

are pending on the file of the Judge, Family Court-cum-

IV Additional District and Sessions Judge, Khammam

and also filed D.V.C.No.80 of 2022 which is pending on

the file of the I Additional Junior Civil Judge-cum-

Special Judicial Magistrate of First Class (Juvenile

Court), Khammam.

5. Learned Counsel for the petitioner further

submits that the petitioner residing at Khammam and

the respondent filed restitution of conjugal rights ::3::

petition at Malkajgiri, Ranga Reddy District, hence the

petitioner is facing difficulties to appear in

F.C.O.P.No.1053 of 2022 on the file of the Family

Court, Malkajgiri, Ranga Reddy District. Therefore, the

petitioner requested to allow the present transfer

petition.

6. Learned Counsel for the respondent basing on the

counter submits that the petitioner currently working

as a Software Engineer in Infosys, Hyderabad and

earning Rs.70,000/- per month deliberately suppressed

the fact from this Court and filed false petition before

this Court to harass the respondent. The petitioner

has filed maintenance case in M.C.No.80 of 2022 with

misleading information to harass the respondent and

even she did not appearing before the Family Court at

Khammam for cross-examination. In view of the false

allegations made by the petitioner against the

respondent, the transfer petition is liable to be ::4::

dismissed and requested to dismiss the transfer

petition.

7. 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.

8. 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

2022 SCC OnLine SC 1199 ::5::

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."

9. 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.

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

Miscellaneous Petition is allowed and F.C.O.P.No.1053

of 2022 on the file of the Family Court at Malkajgiri,

Ranga Reddy District is ordered to be withdrawn and

transferred to the Family Court at Khammam for

disposal in accordance with law.

::6::

11. The Family Court at Malkajgiri, Ranga Reddy