Telangana High Court
Chandamalla Swetha vs Chandamalla Raja Shekar on 25 February, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.497 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking to
transfer HMOP.No.26 of 2024 on the file of the Senior Civil Judge,
Kalwakurthy to Family Court at Ranga Reddy District.
2. Heard Sri G.Allabakash, learned counsel for the petitioner.
No representation on behalf of the respondent, despite service of
notice on him. Therefore, the matter is being disposed of based on
the material available on record.
3. In the affidavit, filed in support of this Tr.C.M.P., it is
averred that the marriage of the petitioner was solemnized with
the respondent on 22.11.2020 at Kalwakurthy as per Hindu rites
and customs; that out of the wedlock, they were blessed with a
boy; that subsequently differences arose between the petitioner
and the respondent, and that the respondent and his parents
started harassing the petitioner, physically and mentally, for
want of additional dowry; that she was necked out of the
matrimonial house in the month of November, 2023; that she
also lodged a complaint which was registered as a case in Crime
No.532 of 2023 under Section 498-A IPC and Sections 3 and 4
LNA, J
of the Dowry Prohibition Act on the file of Women Police
Station, Saroornagar, Hyderabad. Apart from that, the petitioner
has also filed DVC.No.23 of 2024 on the file of XIV Additional
Metropolitan Magistrate at Hayathnagar. While the matter stood
thus, the respondent filed HMOP.No.26 of 2024 on the file of
Senior Civil Judge, Kalwakurthy seeking dissolution of
marriage.
3.1. It is averred that the petitioner has no independent income
and she is totally dependent on her parents and she has to take
care of her minor son. She further averred that at present, she is
residing at Hayathnagar, Ranga Reddy District, along with her
parents and therefore, in view of her financial position, she is not
in a position to travel all the way from Hayathnagar to
Kalwakurthy, distance of which is 100 kms, to attend the Court
proceedings in HMOP on each and every date of hearing of the
said case. Therefore, in the above facts and circumstances, the
petitioner filed the present Tr.C.M.P. seeking to transfer
HMOP.No.26 of 2024 on the file of the Senior Civil Judge,
Kalwakurthy to Family Court, Ranga Reddy District, where the
case filed by her is pending.
LNA, J
4. Despite service of notice on the respondent, there is no
representation on his behalf. Therefore, the averments of the
petitioner remained uncontroverted.
5. 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
catena of judgments and the same was followed by various High
Courts.
6. The Hon'ble Supreme Court in NCV Aishwarya Vs
A.S.Saravana Karthik Sha1 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."
2022 SCC Online SC 1199
LNA, J
7. 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
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."
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 (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
(2023 SCC OnLine Bom 1926)
(2023 SCC OnLine Bom 1982)
LNA, J
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 give preference to the convenience of the wife
over the convenience of the husband.
10. In the present, case, a perusal of the record discloses that
the petitioner is residing with her parents at Hayathnagar, Ranga
Reddy District, which is at a distance of 100 kms from
Kalwakurthy. The petitioner's case is that she is completely
dependent on her parents for her sustenance and as such, in view
of financial problems and further, as she has to take care of her
minor son, she is not in a position to travel from Hayathnagar,
Ranga Reddy District to Kalwakurthy to attend the Court
proceedings in the pending HMOP filed by the respondent.
11. Therefore, 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.
LNA, J
12. Accordingly, this Tr.C.M.P. is allowed and HMOP.No.26
of 2024 on the file of the Senior Civil Judge, Kalwakurthy is
withdrawn and transferred to the file of the Family Court at
Ranga Reddy District, for disposal in accordance with law.
13. The Senior Civil Judge, Kalwakurthy, shall transmit the
entire original record in HMOP.No.26 of 2024, duly indexed, to
the Family Court, Ranga Reddy District, preferably within a
period of one month from the date of receipt of a copy of this
order.
14. Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
__________________________________
LAXMI NARAYANA ALISHETTY, J
Date:25.02.2025
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