Telangana High Court
Kommidi Maneesha Maneesha Mudhiganti, vs Kommidi Rajashekar on 11 June, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.145 of 2025
ORDER:
This Transfer Civil Miscellaneous Petition is filed
seeking transfer of F.C.O.P.No.40 of 2024 from the file of
the Family Court, Karimnagar, to the learned Special
Judge, Family Court, at Hanamkonda or any other Court of
competent jurisdiction at Hanamkonda.
2. Heard Sri Nadipally Ananda Rao, learned counsel for
the petitioner. No representation on behalf of the
respondent, despite service of notice and therefore the
matter is being disposed basing on the material available
on record.
3. The brief facts leading to filing of the present
Tr.C.M.P. are that petitioner and respondent are wife and
husband, their marriage was solemnized on 16.02.2020 at
KLN Convention, Near Chinthagattu Canal, Karimnagar-
Warangal Road, Bheemaram, Hanamkonda and after
marriage, petitioner joined matrimonial company of
respondent; that both the petitioner and respondent are
private employees. It is averred that while the petitioner
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and respondent were going to the parents house of the
petitioner in Gopalapuram of Hanamkonda, in their car
driven by her husband, the car went off the road at
Jangaon and major accident took place and the petitioner
received major injuries including multiple fractures to her
spine and fractures to neck and she underwent multiple
surgeries in Yashoda Hospital, Hyderabad and since then
petitioner is under medication. It is further averred that
due to fractures received to her spine, her body below the
chest is paralyzed and has become insensitive and she is
almost bedridden and without the help of others, she
cannot move; that with the help of her parents only, with
great difficulty petitioner will get into wheel chair from the
bed and vice versa. It is further averred that after the
accident and after realizing that petitioner cannot recover
to her original state and she require a prolonged treatment
which may be for years together and that treatment
involves heavy amount of money, requires assistance of a
third person etc., respondent left petitioner at her parents
house in Gopalapuram of Hanamkonda and since then she
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is staying in the house of her parents and they are only
attending her necessities including her maintenance and
since then respondent never visited the petitioner and
never bothered about her health and any of her
requirements. In view of her health condition and after
taking a decision to go for second marriage, her husband
demanded for dissolution of marriage and filed
F.C.O.P.No.40 of 2024 in Family Court at Karimnagar.
4. Learned counsel for the petitioner contended that
petitioner cannot travel on her own and without the help of
a third person, and thus requested to transfer F.C.O.P from
Family Court at Karimnagar to Family Court at
Hanamkonda.
5. Underlying principle governing proceedings filed
under Section 24 of CPC seeking transfer of suits,
appeal or other proceedings. The Hon'ble Supreme
Court in NCV Aishwarya Vs. A.S.Saravana Karthik
Sha1 held as follows:
2022 SCC Online SC 1199
4 LNA, J
"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."
6. 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 blessings of elders in the
(2023 SCC OnLine Bom 1926)
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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
7. 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."
8. 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)
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9. In the present case, a perusal of the record discloses
that the petitioner is seeking transfer of the F.C.O.P.No.40
of 2024 filed by the respondent from the file of the Family
Court, Karimnagar to the Special Judge, Family Court at
Hanumakonda on the ground that she cannot travel on her
own and without the help of a third person, more
particularly a women and without carrying wheel chair as
her entire body below the chest portion is paralyzed and it
is still insensitive, it is highly difficult for her to attend the
Family Court, Karimnagar to prosecute the case.
10. 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 F.C.O.P.No.40 of 2024 from the file of Family Court,
Karimnagar to the Court of Special Judge, Family Court at
Hanumakonda.
11. Therefore, in the facts and circumstances of the case
and in the light of the principle laid down in the aforesaid
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decisions, this Court is inclined to accede to the request of
the petitioner-wife seeking transfer of the case.
12. Accordingly, this Transfer C.M.P. is allowed and
F.C.O.P.No.40 of 2024 pending on the file of the Family
Court, Karimnagar, is withdrawn and transferred to the
learned Special Judge, Family Court, at Hanamkonda, for
disposal in accordance with law.
13. The learned Family Court Judge at Karimnagar, shall
transmit the entire original record in F.C.O.P.No.40 of 2024
duly indexed, to the Court of the learned Special Judge,
Family Court, at Hanamkonda, 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.
__________________________________
LAXMI NARAYANA ALISHETTY, J
Date: 11.06.2025
Bw
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HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Transfer C.M.P.No.145 of 2025
11.06.2025
Bw
