Telangana High Court
Smt. Prathapagiri Radhika Angalla ... vs Sri. A.V. Mohan Kumar on 22 July, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
TRANSFER CIVIL MISCELLANEOUS PETITION No.176 of 2025
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking to
transfer FCOP.No.155 of 2024 pending on the file of the Principal
Family Court, Medchal-Malkajgiri District at Kukatpally to the
Family Court, Hanamkonda.
2. Heard Sri Srikanth Gunti, learned counsel for petitioner. No
representation for the respondent, despite service of notice,
therefore, the matter is disposed of basing on the material available
on record.
3. The brief facts of the case, shorn-off unnecessary details,
required for adjudication of this Tr.C.M.P., as averred in the
affidavit filed in support of the TrCMP, are that the petitioner and
respondent are wife and husband; that their marriage was
solemnized on 14.11.2019 at Kazipet, Hanamkonda District as per
Hindu rites and customs; that soon after the marriage, the petitioner
joined the matrimonial company of the respondent; and thereafter,
unable to bear the physical and mental harassment meted out by
her in the hands of the respondent, she lodged a complaint against
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him, which was numbered as CC.No.2138 of 2024 on the file of
Judicial Magistrate of First Class, Hanamkonda, for the offences
punishable under Section 498-A and Sections 3 and 4 of the Dowry
Prohibition Act. The petitioner also filed MC.No.1 of 2024 before
the Family Court, Hanamkonda and DVC.No.6 of 2024 before the
I Additional Judicial Magistrate of First Class, Hanamkonda and
all the said cases are pending. In the meanwhile, respondent filed
FCOP.No.155 of 2024 before the Family Court, Medchal-
Malkajgiri District at Kukatpally, seeking dissolution of marriage.
3.1. The petitioner further averred that her father expired in the
year 2015; that she is residing with her mother at Kazipet,
Hanamkonda District and is dependent on her mother, who being a
senior citizen, requires her care and therefore, it is difficult for her
to travel the long distance of 180 kms from Kazipet to Kukatpally
for attending the Court proceedings on every date of hearing of the
FCOP and prayed to allow this TrCMP.
4. Learned counsel for the petitioner, apart from reiterating the
averments made in the affidavit, submitted that the respondent is
appearing in the MC, CC and DVC cases filed by the petitioner in
the Courts at Hanamkonda and therefore, no prejudice would be
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caused to respondent if the FCOP is transferred as sought for and
accordingly, prayed to allow the 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 1held 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 behavioral
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 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)
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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. This Tr.C.M.P is filed principally on the ground that the
petitioner is residing with her mother at Kazipet and is
dependent on her mother and she has to take care of her old aged
mother and as such, it is difficult for her to travel from the said
place to Kukatpally, which is at a distance of 180 kms on each
and every date of hearing of FCOP filed by the respondent.
11. It is further case of the petitioner that MC, CC and DVC
filed by her are pending in the Courts at Hanamkonda and the
respondent is appearing before the Courts in the said cases and
therefore, it would be convenient even for respondent if the FCOP
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is transferred from the Court at Medchal-Malkajgiri District at
Kukatpally to the Court at Hanamkonda.
12. In view of the aforesaid facts and circumstances of the
case 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 is of the considered view that the petitioner
has made out a case for transfer of the FCOP filed by the
respondent and therefore, this TrCMP deserves to be allowed.
13. Accordingly, this Tr.C.M.P. is allowed and FCOP.No.155
of 2024 on the file of the Principal Family Court, Medchal-
Malkajgiri District at Kukatpally is transferred to the Family
Court, Hanamkonda, for disposal in accordance with law.
14. The Principal Family Court, Medchal-Malkajgiri District at
Kukatpally, shall transmit the entire original record in
FCOP.No.155 of 2024, duly indexed, to the Family Court,
Hanamkonda, preferably within a period of one month from the
date of receipt of a copy of this order.
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15. Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
__________________________________
LAXMI NARAYANA ALISHETTY, J
Date:22.07.2025
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