Telangana High Court
K.Baghyalaxmi vs Jarplavath Mahesh on 17 June, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
TRANSFER CIVIL MISCELLANEOUS PETITION No.443 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking
to transfer F.CO.P.No.1141 of 2024 on the file of the learned
Judge, Family Court, Ranga Reddy District, At L.B.Nagar to the
Court of learned Judge, Family Court, Wanaparthy, Wanaparthy
District.
2. Heard Mr. J. Konda Reddy, learned counsel for the
petitioner. No representation on behalf of the respondent,
though Mr. Ratan Singh, Advocate, entered appearance on
behalf of respondent. Therefore, the matter is disposed of
basing on the material available on record.
3. The Brief facts leading to filling of the present Tr.C.M.P
are that the marriage of the petitioner-wife was solemnized
with the respondent-husband on 15.04.2022 at Aloor Kotha
Thanda, Aloor, Jadcharla Mandal as per the prevailing
customs in their community and soon after their marriage the
petitioner joined with the company of respondent. It is
averred that respondent and his parents ill treated the
petitioner and started harassing her for additional dowry and
also suspected her character and was necked out from
LNA, J
matrimonial house and that unable to bear the physical
harassment and abuse by respondent, and his family
members, for want of additional dowry, the petitioner lodged a
complaint in Crime No.94 of 2024 on 24.07.2024 before
Jetprol (Veepanagandla) Police Station, Wanaparthy under
Section 498-A, 323 read with Section 34 of IPC and 3, 4 of
Dowry Prohibition, Act. She also filed DVC No.30 of 2024
before the learned Principal Judicial First-Class Magistrate, at
Wanaparthy District and the same is pending. Respondent
herein filed F.C.O.P.No.1141 of 2024 for divorce before Family
Court, Ranga Reddy District, at L.B.Nagar.
3.1. It is further averred that at present, she is taking
shelter in her parent's house and is financially dependent on
her parents and she cannot travel alone and appear before
the Family Court at Ranga Reddy District without male
assistance and further the distance between Wanaparthy and
Ranga Reddy District is more than 140 Kilometres, which is
burdensome on her parents. In those set of circumstances,
the petitioner filed the present Tr.C.M.P.
4. Learned counsel for the petitioner apart from
reiterating the averments made in the Tr.C.M.P, contended
that the respondent is appearing in D.V.C No.30 of 2024
LNA, J
before Principal Judicial First Class Magistrate, Wanaparthy.
Therefore, if the matter is transferred from Ranga Reddy
District to Wanaparthy District no prejudice would be caused
to the respondent and hence, prayed to allow the present
Tr.CMP.
5. This Court considered the submissions made by
learned counsel for the petitioner and perused the material
available on record.
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 Supreme Court
in a catena of judgments and the same was followed by various
High Courts.
7. 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
2022 SCC Online SC 1199
LNA, J
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 (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."
(2023 SCC OnLine Bom 1926)
LNA, J
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 (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."
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 give preference to the
convenience of the wife over the convenience of the husband.
11. The present Tr.C.M.P. is filed principally on the ground
that the petitioner is dependent upon her parents and that
the distance between Wanaparthy and Ranga Reddy is about
140 Kms. Further the petitioner cannot travel alone and
appear on each date of hearing without assistance from her
family members.
(2023 SCC OnLine Bom 1982)
LNA, J
12. It is also relevant to note that the DVC case between
the parties is pending before the Principal Judicial First Class
Magistrate at Wanaparthy and the respondent is appearing in
that case, whereas F.C.O.P filed by the respondent-husband
is pending before the Court at Ranga Reddy.
13. Taking into consideration 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. Therefore, 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 petitioner/wife has to be given priority/preference over
the convenience of the respondent/husband, this Tr.CMP
deserves to be allowed.
15. Accordingly, this Tr.C.M.P. is allowed and
F.C.O.P.No.1141 of 2024 on the file of the learned Judge,
Family Court, Ranga Reddy at L.B.Nagar is transferred to the
Court of Judge, Family Court Wanaparthy, Wanaparthy
District, in accordance with law.
LNA, J
16. The learned Judge, Family Court, Ranga Reddy at
L.B.Nagar shall transmit the entire original record in F.C.O.P
No.1141 of 2024, duly indexed, to the Court of Judge, Family
Court, Wanaparthy, Wanaparthy District preferably within a
period of one (1) 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
17th June, 2025
PSW
