Telangana High Court
Samala Srivardhan vs Boga Swapna Samala Swapna on 16 June, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
TRANSFER CIVIL MISCELLANEOUS PETITION No.263 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking to
transfer OP.No.135 of 2023 from the Court of the Senior Civil
Judge, at Jangaon, to the Court of Senior Civil Judge, at Asifabad.
2. Heard Sri S.Chandra Sekhar, learned counsel for petitioner,
and Sri Narendar Jalli, learned counsel for the respondent.
3. The petitioner is the husband and the respondent is the wife
of the petitioner.
4. The brief facts of the case, shorn of unnecessary details
required for adjudication of this Tr.C.M.P., are that the petitioner,
in his affidavit filed in support of the Tr.C.M.P., averred that his
marriage with the respondent was solemnized on 31.12.2018 as per
Hindu rites and customs; that subsequently, certain disputes arose
between them; that the respondent filed a criminal case against
him, his mother, and sister under Section 498-A of the IPC and
Sections 3 and 4 of the Dowry Prohibition Act, vide C.C.No.995 of
2020 on the file of the Judicial Magistrate of First Class, Sirpur,
Komaram Bheem-Asifabad District; and that the respondent also
LNA, J
filed O.P.No.135 of 2023 on the file of the Senior Civil Judge at
Jangaon, seeking divorce.
5. It is further averred that the petitioner is working as a
Government Teacher at T.G. Model School, Lingapur Village,
Dandepally Mandal, Komaram Bheem-Asifabad District. The
petitioner's native place is Kagaznagar town in Komaram Bheem-
Asifabad District. The respondent is also working as a School
Assistant at Zilla Parishad High School, Muthampet, Kautala
Mandal, Komaram Bheem-Asifabad District, however, the
respondent by falsely mentioning that she is residing with her
parents at Jangaon filed the OP against the petitioner at Jangaon. It
was further stated that as per the information obtained by him
under Right to Information Act from the Municipal Commissioner,
Jangaon, he came to know that House No.1-3-76, which is said to
be the alleged house address of the respondent, is not situated in
Gundla Gadda area of Jangaon town. Therefore, OP.No.135 of
2023 filed by the respondent showing her residential address as
H.No.1-3-76, Gundla Gadda, Jangaon town, is clear abuse of
process of law and as such, he prayed to transfer the aforesaid OP.
LNA, J
6. Learned counsel for the petitioner, apart from reiterating the
averments made in the affidavit, submitted that the respondent is
appearing in the aforesaid C.C. pending before the Court of the
Judicial First Class Magistrate at Sirpur, Komaram Bheem
Asifabad District. He further submitted that even in the counter-
affidavit filed by the respondent in the present Tr.C.M.P., it is
clearly mentioned that she is working as School Assistant at Zilla
Parishad Secondary School, Jankapur Village, Asifabad Mandal,
Komarambheem-Asifabad District, which clearly demonstrates that
the OP filed by her at Jangaon, is nothing but misrepresentation
and playing fraud on the Court by mentioning wrong address and
hence, prayed to allow the Tr.C.M.P. by imposing costs on the
respondent.
7. On the other hand, learned counsel for respondent submitted
that the respondent is residing with her parents at Jangaon and she
is attending School every alternate date at Jankapur Village. He
further contended that in the aforesaid OP., the evidence of the
respondent is completed and the same is coming up for the
evidence of the petitioner and therefore, no prejudice will be
caused to the petitioner if the proceedings in the OP are continued
LNA, J
in the Court at Jangaon and accordingly, prayed to dismiss the
Tr.C.M.P.
8. This Court gave its earnest consideration to the submissions
made by learned counsel for both parties. Perused the material
available on record.
9. Perusal of record, particularly, the sworn counter-affidavit of
the respondent filed in the present Tr.C.M.P. would disclose that
the respondent is working as School Assistant at Zilla Parishad
Secondary School, Jankapur Village, Asifabad Mandal,
Komarambheem-Asifabad District and is residing at H.No.2-67,
Nama Nagar, Vallakonda Gram Panchayat, Kagaznagar Mandal,
Komarambheem-Asifabad District. Thus, the record shows that
both the petitioner and the respondent reside and work in
Komarambheem-Asifabad District.
10. It is pertinent to note that in the instant case, admittedly, the
petitioner has been appearing before the J.F.C.M., Sirpur, in
C.C.No.995 of 2020.
11. As regards the underlying principle regarding transfer of
cases under Section 24 of CPC, there are catena of judgments of
the Hon'ble Supreme Court and different High Courts, i.e.,
LNA, J
Priyanka Rahul Patil v. Rahul Ravindra Patil 1, in NCV
Aishwarya Vs. A.S.Saravana Karthik Sha 2 and Devika Dhiraj
Patil Nee Devika Jayprakash Buttepatil v. Dhiraj Sunil Patil3, 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.
12. With great respect to the aforesaid judgments, this Court is
in complete agreement with the principle laid down in the said
judgments. However, the present TrCMP is altogether filed in a
different context by the petitioner/husband, where both the
petitioner/husband and respondent/wife are admittedly working in
the same District i.e., Komarambheem-Asifabad District.
Therefore, even if the convenience of the respondent/wife is given
preference, no prejudice would be caused to her if the OP pending
in the Court at Jangaon is transferred to the Court at Asifabad, as
sought for in this TrCMP.
13. Therefore, having regard to the peculiar facts and
circumstances of the case and for the foregoing reasons, this Court
(2023 SCC OnLine Bom 1982)
2022 SCC Online SC 1199
(2023 SCC OnLine Bom 1926)
LNA, J
finds that the grounds urged by the petitioner seeking transfer of
the OP are justifiable and therefore, this TrCMP deserves to be
allowed.
14. Before parting with the case, this Court takes note of the fact
that the information received by the petitioner under the RTI Act
from the officials concerned falsifies the stand of the respondent in
the OP that she was residing at H.No.1-3-76, Gundla Gadda,
Jangaon Town and District, since the said House Number does not
exist. Therefore, it is clear that the respondent has filed the OP by
misrepresenting that she is residing with her parents at Jangaon. It
is also further relevant to note that the respondent being a teacher is
supposed to attend school every day and has to stay in the same
village of her posting and as such, the assertion of the respondent
that she is residing with her parents at Jangaon is utterly a
falsehood and the manner in which the OP was filed by the
respondent amounts to gross abuse of process of law. The
respondent has also not placed any material on record to show that
her parents are residing at Jangaon. Hence, for the
misrepresentation and abuse of process of law, this Court heavily
comes upon the respondent with imposition of costs of Rs.10,000/-
LNA, J
15. Accordingly, this Tr.C.M.P. is allowed and OP.No.135 of
2023 on the file of the Senior Civil Judge at Jangaon, is transferred
to the Court of Senior Civil Judge at Asifabad, for disposal in
accordance with law. The respondent is saddled with costs of
Rs.10,000/- (Rupees Ten thousand only) payable to the petitioner.
16. The Senior Civil Judge at Jangaon, shall transmit the entire
original record in OP.No.135 of 2023, duly indexed, to the Senior
Civil Judge at Asifabad, preferably within a period of one month
from the date of receipt of a copy of this order.
17. Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
__________________________________
LAXMI NARAYANA ALISHETTY, J
Date:16.06.2025
dr
