Telangana High Court
Smt. Mallekedi Mamatha vs Dandgula Prashanth Kumar, on 10 July, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
TRANSFER CIVIL MISCELLANEOUS PETITION No.271 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking to transfer
FCOP.No.531 of 2023 pending on the file of the VI Additional District and
Sessions Judge-cum-Family Court Judge, Ranga Reddy District, to the
Court of Senior Civil Judge at Nagarkurnool.
2. Heard Sri G.Naresh, learned counsel representing Ms.B.Hima
Varshini, learned counsel on record for the petitioner. Notice sent to the
respondent to the address mentioned in the FCOP, was returned as 'door
locked'. Notice sent to the counsel appearing for the respondent was
served. However, there is no representation on behalf of the respondent.
Therefore, the matter is being disposed off basing on the material on
record.
3. The brief facts of the case, shorn-off unnecessary details, required
for adjudication of this Tr.C.M.P., are that the petitioner and respondent are
wife and husband and their marriage was performed on 03.10.2016 at Arya
Samaj, Secunderabad, as per Hindu rites and customs; that both lived
together at MIG Serlingampally and they were blessed with a girl child on
23.10.2021; that thereafter, the respondent started harassing the petitioner
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for dowry and ultimately the respondent necked out the petitioner from the
matrimonial house. At the intervention of elders they lived together for
sometime at petitioner's parents' house; however, the respondent later
started harassing the petitioner. The respondent and his parents did not turn
back to take the petitioner and her daughter to their house. The respondent
filed FCOP.No.531 of 2023 before the VI Addl.District and Sessions
Judge-cum-Family Court Judge, Ranga Reddy District at Kukatpally,
seeking dissolution of marriage against the petitioner; and that the
petitioner filed maintenance case vide MC.No.7 of 2024 before the II
Additional Judicial Magistrate of First Class, Nagarkurnool. It is averred
that the petitioner is dependent on her parents who are financially very
weak and further the petitioner cannot travel from Nagarkurnool to
Kukatpally, a distance of approximately 100 Kms., on each date of hearing
along with her minor child and hence, prayed to allow the Tr.CMP.
4. Learned counsel for the petitioner apart from reiterating the
averments made in the affidavit submitted that respondent is appearing in
the aforesaid MC pending before the II Addl.Judicial Magistrate of First
Class, Nagarkurnool and therefore, no inconvenience or prejudice would be
caused to the respondent if FCOP.No.531 of 2023 is transferred as sought
for and in fact, it would be convenient to both the parties if the relief sought
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for in this case is granted and accordingly, prayed this Court to allow this
Tr.CMP.
5. It is relevant to refer to the underlying principle governing the
proceedings under Section 24 of the CPC seeking transfer of the case,
appeal or other proceedings, which 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 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."
2022 SCC Online SC 1199
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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 Patil2, 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 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
(2023 SCC OnLine Bom 1926)
(2023 SCC OnLine Bom 1982)
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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. A perusal of record would disclose that the Tr.CMP is filed on the
ground that the petitioner is residing with her parents at Nagarkurnool
and she is dependent on her parents who are financially very weak.
Further, she has to take care of her minor girl child aged four years and
the distance between Nagarkurnool to Kukatpally is 100 kms.; and that it
would be quiet difficult for her to travel all the way from Nagarkurnool
to Kukatpally, to attend the Court proceedings on each date of hearing in
FCOP.No.531 of 2023. Further, it is also not in dispute that the
respondent is appearing before the Court at Nagarkurnool in connection
with the aforesaid MC.
11. For the foregoing reasons and further, 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 wife has to be
given priority/preference over the convenience of the husband, this Court
finds that the grounds urged by the petitioner seeking transfer of the FCOP
are justifiable and therefore, this Tr.CMP deserves to be allowed.
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12. Accordingly, this Tr.C.M.P. is allowed and FCOP.No.531 of 2023,
pending on the file of the VI Additional District and Sessions Judge-cum-
Family Court Judge, Ranga Reddy District is transferred to the Court of
Senior Civil Judge at Nagarkurnool, for disposal in accordance with law.
13. The VI Additional District and Sessions Judge-cum-Family Court
Judge, Ranga Reddy District, shall transmit the entire original record in
FCOP.No.531 of 2023, duly indexed, to the Senior Civil Judge at
Nagarkurnool, preferably within a period of one month from the date of
receipt of a copy of this order.
Pending miscellaneous applications, if any, shall stand closed.
There shall be no order as to costs.
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LAXMI NARAYANA ALISHETTY, J
Date:10.07.2025
tk
LNA, J
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
TRANSFER CIVIL MISCELLANEOUS PETITION No.271 of 2024
Dated: 10.07.2025
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