Telangana High Court

Smt. Vangala Krishnaveni vs Vangala Ranjith on 4 February, 2025

     HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

                       Tr.C.M.P.No.532 of 2024

ORDER:

This Transfer Civil Miscellaneous Petition is filed seeking

transfer of F.C.O.P.No.563 of 2024 from the file of the Principal

District Judge-cum-Family Court, Medchal-Malkajgiri District at

Khushaiguda, filed by the respondent-husband, to the Court of

the Senior Civil Judge at Jangaon.

2. Heard Sri. P. Devender, learned counsel for the petitioner.

No representation on behalf of the respondent, despite of service

of notice.

3. The brief facts leading to filing of the present Tr.C.M.P. are

that the marriage of the petitioner-wife was solemnized with the

respondent-husband on 25.05.2012 at NMR Gardens, Suryapet

Road as per the prevailing customs in Hindu Religion. After

marriage, petitioner joined the company of the respondent and

lived in matrimonial house for a period of 20 days. Thereafter,

respondent started to harass the petitioner in leading conjugal life

by pressuring to participate in vulgar ways and when she refused

the same, respondent used to beat her mercilessly. Further, 2 LNA, J

respondent demanded for additional dowry of Rs.5 lakhs and

continued to harass the petitioner. Finally on 05.03.2023,

petitioner was severely beaten and necked out of the matrimonial

home.

4. In view of the harassment, the petitioner filed a complaint

against the respondent before the Jangoan Police Station, vide FIR

No.588 of 2024, dated 22.09.2024, for the offences punishable

under Sections 85 BNS, 3 and 4 of Dowry Prohibition Act. The

respondent filed F.C.O.P.No.563 of 2024 on the file of the

Principal District Judge-cum-Family Court, Medchal-Malkajgiri

District at Kushaiguda, under Section 13(1)(ia) of the Hindu

Marriage Act, 1955, seeking divorce by dissolving the marriage

solemnized on 25.05.2012. Petitioner also filed a Maintenance

Case vide M.C. No.54 of 2024 before the Principal Judicial First

Class Magistrate at Jangoan, and the said case is pending for

adjudication.

5. It is further stated that in view of the strained relationship

between the petitioner and the respondent, the petitioner cannot

travel alone from Jangaon to Khushaiguda for each and every 3 LNA, J

hearing. Petitioner is dependent on her parents and her parents

are not in a position to support her financially. Hence, prayed to

transfer F.C.O.P.No.563 of 2024, which is filed by the respondent,

from the Court of Khusaiguda to Jangoan.

6. Learned counsel for the petitioner would submit that the

petitioner is a homemaker and that she does not have any income

and is dependent on her parents for her survival, and thereafter

iti is it is difficult for the petitioner to travel to Khushaiguda on

every date of hearing as the distance is more than 100 Kms.

Learned counsel further submitted that Maintenance Case filed

by the petitioner is also pending on the file of Principal Judicial

First Class Magistrate at Jangoan. Therefore, he prayed to

transfer the F.C.O.P.No.563 of 2024 filed by the respondent to the

Jangoan Court. Learned counsel for the petitioner further

contended that in the transfer proceedings of matrimonial

disputes, the convenience of the wife has to be considered and

therefore, the request of the petitioner-wife needs to be

considered. In support of the said contentions, the learned

counsel for the petitioner has relied upon the judgment of the 4 LNA, J

Hon'ble Supreme Court in NCV 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."

7. The principle of law laid down by the Hon'ble Supreme

Court in N.C.V.Aishwarya's case (2nd cited supra), has been

reiterated by the High Court of Bombay in Devika Dhiraj Patil

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

2022 SCC Online SC 1199

(2023 SCC OnLine Bom 1926) 5 LNA, J

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

8. 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 (2nd cited supra) and Devika Dhiraj

Patil Nee Devika Jayprakash Buttepatil's case (3rd cited supra),

and held as follows:-

"The underlying principle governing the proceedings under Section of the CPC, is that convenience of the wife is to be preferred over the convenience of the husband."

9. Thus, there are catena of decisions of the Hon'ble

Supreme Court and other High Courts to the effect that in

matrimonial matters/disputes, while considering the application

for transfer of the proceedings from one Court to another Court,

the Courts must prefer the convenience of the wife over the

convenience of the husband.

(2023 SCC OnLine Bom 1982) 6 LNA, J

10. In the present, case, a perusal of the record discloses that

the petitioner is seeking transfer of the F.C.O.P. filed by the

respondent from the Principal District Judge-cum-Family Court,

Medchal-Malkajgiri District at Kushaiguda, to Senior Civil Judge,

at Jangaon, on the ground that she is a homemaker and she is