Telangana High Court
Pendyala Srilatha vs Pendyala Srinivas on 10 April, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
TRANSFER CIVIL MISCELLANEOUS PETITION No.519 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking to
transfer H.M.O.P.No.233 of 2024 on the file of the learned
Principal Senior Civil Judge, at Mancherial District to the Court of
learned Senior Civil Judge, at Huzurabad.
2. Heard Ms Sahithi Sri Kavya Mukkera, learned counsel for
the petitioner. No representation on behalf of the respondent,
despite service of Notice. Therefore, the matter is disposed of
basing on the material available on record.
3. The Brief facts leading to filling of the present Tr.C.M.P
are that the marriage of the petitioner-wife was solemnized with
the respondent-husband on 28.02.2016 at Kothapalli-
Jammikunta, Karimnagar District, as per the prevailing customs
in their community and out of their wedlock, they were blessed
with two children. It is averred that respondent addicted to
harmful habits and had an illicit relationship with his cousin and
when he is confronted, the respondent repeatedly beat the
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petitioner mercilessly and neglected her without providing
proper food and clothing and was necked out from matrimonial
house on 16.06.2024; and that unable to bear the physical
harassment and abuse by respondent, and his family members,
for want of additional dowry, the petitioner lodged a complaint
in Crime No.228 of 2024 on 04.07.2024 before Jammikunta
Police Station and the same is pending. She also filed DVC
No.28 of 2024 and M.C.No.19 of 2024 before the learned II
Additional Judicial First-Class Magistrate, at Huzurabad District
and the same are pending.
3.1. It is further averred that at present, she is taking shelter
in her parent's house in Madipally village, Jammikunta Mandal,
Huzurabad District and is financially dependent on her parents.
The respondent, only to harass the petitioner has filed the HMOP
No.233 of 2024 seeking divorce at Mancherial. As there is
threat in the hands of respondent, she cannot travel alone from
Huzurabad to Mancherial to attend the Court proceedings at
Mancherial, which is burdensome on her parents. In those set of
circumstances, the petitioner filed the present Tr.C.M.P.
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4. Learned counsel for the petitioner submitted that
presently, the petitioner is residing with her parents at
Huzurabad and is financially dependent on her parents and she
has to take care of her children. Moreover, the distance between
Huzurabad to Mancherial is more than 120 kilometers, therefore,
it is difficult for the petitioner to travel from Huzurabad to
Mancherial to attend the HMOP. It is further contended that the
respondent is attending both the matters i.e., D.V.C and M.C
which are pending before the II Additional Judicial First-Class
Magistrate, at Huzurabad District, therefore, no inconvenience
will be caused to the respondent and hence, she prayed to allow
the present Tr.CMP.
5. This Court considered the submissions made by learned
counsel for the petitioner and perused the material available on
record.
6. The underlying principle governing the proceedings under
Section 24 of the CPC seeking transfer of the case, appeal or other
proceedings, is enunciated by the Hon'ble Supreme Court in a
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catena of judgments and the same was followed by various High
Courts.
7. The Hon'ble Supreme Court in NCV Aishwarya Vs.
A.S.Saravana Karthik Sha 1 held as follows:
" 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 principle of law laid down by the Hon'ble Supreme
Court in N.C.V.Aishwarya's case (3rd cited supra), has been
reiterated by the High Court of Bombay in Devika Dhiraj Patil
2022 SCC Online SC 1199
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Nee Devika Jayprakash Buttepatil v. Dhiraj Sunil Patil 2, and
observed as under:-
"In a country like India, important decisions
such as marriage, divorce are still taken with the
guidance and blessings of elders in the family.
For a lady to travel alone for the proceedings to
a Court where the fate of her marriage is going
to be decided without any family member would
definitely be a matter of concern and cause not
only physical inconvenience but also emotional
and psychological inconvenience."
9. Further, the High Court of Bombay in Priyanka Rahul
Patil v. Rahul Ravindra Patil 3 followed the principle laid down
in N.C.V.Aishwarya's case (3rd cited supra) and Devika Dhiraj
Patil Nee Devika Jayprakash Buttepatil's case (4th cited supra),
and held as follows:-
"The underlying principle governing the proceedings
under Section 24 of the CPC, is that convenience of
the wife is to be preferred over the convenience of
the husband."
10. Thus, there are catena of decisions of the Hon'ble
Supreme Court and other High Courts to the effect that in
(2023 SCC OnLine Bom 1926)
(2023 SCC OnLine Bom 1982)
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matrimonial matters/disputes, while considering the application
for transfer of the proceedings from one Court to another Court,
the Courts must give preference to the convenience of the wife
over the convenience of the husband.
11. In the present case, a perusal of the record discloses that
the petitioner is seeking transfer of the H.M.O.P. filed by the
respondent from the Court of learned Principal Senior Civil
Judge, at Mancherial District to the Court of learned Senior Civil
Judge, at Huzurabad, on the ground that she is dependent upon
her parents and has to look after the welfare of her children aged
eight years and five years and therefore, it is difficult for her to
travel from Huzurabad to Mancherial on every date of
adjournment. Further, for every hearing, she has to take
assistance from her family members.
12. It is also relevant to note that the cases viz., MC and DVC
between the parties are pending before the Courts at Huzurabad
and the respondent is appearing in those matters, whereas
HMOP filed by the respondent-husband is pending before the
Court at Mancherial.
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13. In the facts and circumstances of the case and in the light
of the principle laid down in the aforesaid decisions, this Court is
inclined to accede to the request of the petitioner-wife seeking
transfer of the case.
14. Therefore, in view of the underlying principle enunciated
by the Hon'ble Supreme Court and various other High Courts in
the aforesaid judgments that the convenience of the
petitioner/wife has to be given priority/preference over the
convenience of the respondent/husband, this Tr.CMP deserves to
be allowed.
15. Accordingly, this Tr.C.M.P. is allowed and
H.M.O.P.No.233 of 2024 on the file of the learned Principal
Senior Civil Judge, at Mancherial District is transferred to the
Court of learned Senior Civil Judge, at Huzurabad, for disposal
in accordance with law.
16. The learned Principal Senior Civil Judge, at Mancherial,
shall transmit the entire original record in HMOP No.233 of
2024, duly indexed, to the Court of learned Senior Civil Judge,
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at Huzurabad District, preferably within a period of one month
from the date of receipt of a copy of this order.
17. Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
__________________________________
LAXMI NARAYANA ALISHETTY, J
Date:10.04.2025
dgr
