Telangana High Court
Gollapalli Chatluri Param Jyothi vs Mr. Gollapalli Upender on 11 June, 2025
HON'BLE JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.NO.521 OF 2025
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking
transfer of H.M.O.P.No.149 of 2022 from the Court of the Principal
Senior Civil Judge at Mancherial, Mancherial District to the Court of
Principal Senior Civil Judge, Sangareddy.
2. Heard Sri Kasireddy Mohan Chandra, learned counsel for the
petitioner. No representation on behalf of respondent despite service
of notice. Therefore, the matter is being disposed of basing on the
material available on record.
3. As per the averments made in the affidavit filed in support of
present Tr.C.M.P., the marriage of the petitioner-wife was solemnized
with the respondent-husband on 14.03.2018 at Aryasamaj at Koti,
Hyderabad as per the customs and traditions prevailing in their
community and soon after marriage, she joined matrimonial house.
However, after about two months of her marriage, she was subjected
to physical harassment and she returned back to her parents house;
that in view of continuous harassment, petitioner filed Domestic
Violence Case vide DVC SR No.3683 of 2024 before the Sangareddy
Court. The respondent filed HMOP No.149 of 2022 before the
Principal Senior Civil Judge Court at Mancherial.
LNA, J
3.1. It is averred that petitioner is dependent on her parents and
she has no independent income and further, the distance between
Mancherial and Sangareddy is above 300 KMs and it is very difficult
for her to travel and attend every hearing in HMOP No.149 of 2022;
that there is a threat to life of petitioner in the hands of the
respondent in the event of attending the Court at Mancherial and
therefore, seeks to transfer the HMOP NO.149 of 2022 from the Court
of Mancherial to the Court of Sangareddy.
5. Learned counsel for petitioner, apart from reiterating the
averments made in the Tr.CMP, has contended that the DVC filed by
the petitioner is numbered and the same is at the stage of notice to
the respondent and further contended that there is a threat to life of
petitioner in the hands of the respondent in the event of attending the
Court at Mancherial.
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 Apex Court in catena of
judgments and the same was followed by various High Courts.
LNA, J
7. In N.C.V.Aishwarya v. A.S.Saravana Karthik Sha 1, the
Hon'ble Supreme Court held as under:
"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."
8. The principle of law laid down by the Hon'ble Supreme Court in
N.C.V.Aishwarya's case (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
2022 SCC Online SC 1199
(2023 SCC OnLine Bom 1926)
LNA, J
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 (supra) and Devika Dhiraj Patil Nee Devika
Jayprakash Buttepatil's case (supra), 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 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.
11. In the present case, a perusal of the record discloses that the
petitioner is seeking transfer of the H.M.O.P.No.149 of 2022 filed by
the respondent from the file of the Principal Senior Civil Judge at
Mancherial to the Principal Senior Civil Judge, Sangareddy,
Sangareddy District, on the ground that she is apprehending assault
by her husband if she comes to Mancherial to attend Court
proceedings in HMOP No.149 of 2022 and that she alone cannot
(2023 SCC OnLine Bom 1982)
LNA, J
travel from Sangareddy to Mancherial, which is at a distance of about
300 KMs., and she has no means to maintain herself.
12. In view of the underlying principle enunciated by the Hon'ble
Apex Court and various other High Courts in the aforesaid
judgments, the convenience of the petitioner has to be given priority/
preference over the convenience of the respondent and it would be
just and appropriate to transfer the HMOP No.149 of 2022 from the
Court of Principal Senior Civil Judge, Mancherial to the Court of
Principal Senior Civil Judge, Sangareddy, Sangareddy District.
13. 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.
14. Accordingly, this Tr.C.M.P. is allowed and HMOP No.149 of
2022 pending on the file of the Principal Senior Civil Judge at
Mancherial is withdrawn and transferred to the Principal Senior Civil
Judge, Sangareddy, Sangareddy District, for disposal in accordance
with law.
15. The learned Principal Senior Civil Judge, Mancherial, shall
transmit the entire original record in HMOP No.149 of 2022 duly
LNA, J
indexed, to the Principal Senior Civil Judge at Sangareddy,
Sangareddy District, within a period of one month from the date of
receipt of a copy of this order. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
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LAXMI NARAYANA ALISHETTY, J
Date:11.06.2025
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