Telangana High Court
Guduri Sneha Ashritha vs Hguduri Ganesh on 18 June, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
TRANSFER CIVIL MISCELLANEOUS PETITION No.99 of 2025
ORDER:
This Transfer Civil Miscellaneous Petition is filed
seeking to transfer of H.M.O.P.No.117 of 2024 on the file of
the learned Senior Civil Judge Court, at Jagtial, Jagtial
District to the Court of learned Senior Civil Judge Court, at
Siricilla, Rajanna Siricilla District.
2. Heard Mr. V.V.Ramana Rao, learned counsel for the
petitioner and Mr. K.Venumadhav, learned counsel for the
respondent.
3. The Brief facts leading to filing of the present Tr.C.M.P
are that the marriage of the petitioner-wife was solemnized
with the respondent-husband on 06.02.2019 at Siricilla town
and Mandal, Rajanna Siricilla District as per the prevailing
customs in their community and soon after their marriage the
petitioner joined the company of respondent and out of their
wedlock, they were blessed with one daughter. It is averred
that the petitioner was subjected to physical and mental
harassment for additional dowry and was necked out from
matrimonial house and that unable to bear the physical
harassment and abuse by respondent, and his family
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members, the petitioner lodged a complaint under Section
498-A of Indian Penal Code and Section 3 and 4 of Dowry
Prohibition, Act and charge sheet has been filed in
C.C.No.1008 of 2021 and the same is pending on the file of
Judicial Magistrate of First Class, at Siricilla. Subsequently,
the same was settled before lokadalat and is closed.
Thereafter, the petitioner joined the matrimonial house and
she was again subjected to physical and mental harassment
and the petitioner lodged complaint in Crime No.565 of 2023
on 20.10.2023 under Section 498-A, 323, 506 of IPC and
Section 4 of D.P. Act and charge sheet in C.C.No.179 of 2024
was filed and the same is pending before Principal Judicial
First Class Magistrate, Siricilla. The petitioner has also filed
D.V.C.No.45 of 2024 before learned Principal Judicial
Magistrate of First Class, at Siricilla for maintenance and
compensation etc and the same is pending for enquiry. In the
meanwhile, respondent herein filed H.M.O.P.No.117 of 2024
on the file of the learned Senior Civil Judge Court, at Jagtial,
Jagtial District.
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 has to take care of her minor daughter.
Moreover, the distance between Jagtial and Siricilla is more
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than 50 Kilometres, therefore, it is difficult for the petitioner
to travel from Siricilla to Jagtial to attend the H.M.O.P. 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 C.C.No.179 of 2024 and D.V.C.No.45 of 2024 are
pending at Siricilla. Therefore, if the matter is transferred
from file of the learned Senior Civil Judge Court, at Jagtial,
Jagtial District to the Court of learned Senior Civil Judge
Court, at Siricilla, Rajanna Siricilla District, no prejudice
would be caused to the respondent and it would be
convenient for respondent since all the matters will be at one
place and further contended that convenience of wife has to
be considered as against the convenience of the husband in
the matrimonial matter and hence, prayed to allow the
present Tr.C.M.P.
5. Per contra, learned counsel for the respondent
submitted that respondent has filed CC.No.15 of 2024 on the
file of Judicial First Class Magistrate Jagtial under Section
138 of Negotiable Instruments Act, and the same was
disposed of. He further submitted that no grounds are made
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out for transfer of H.M.O.P and distance between Jagtial and
Siricilla is only 50 Kms and therefore it will not be difficult for
the petitioner to appear for hearing at Jagtial and therefore
transfer C.M.P. is liable to be dismissed.
6. This Court considered the submissions made by
learned counsel for the petitioner and learned counsel for the
respondent and perused the material available on record.
7. 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.
8. 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
strata of the spouses and their behavioural pattern,
their standard of life prior to the marriage and
2022 SCC Online SC 1199
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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."
9. 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."
10. 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
(2023 SCC OnLine Bom 1926)
(2023 SCC OnLine Bom 1982)
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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."
11. 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.
12. The present Tr.C.M.P is filed principally on the ground
that she is dependent on her parents and that she has to take
care of her minor daughter. Therefore, it is difficult for her to
travel from Siricilla to Jagtial on every date of adjournment.
Further, for every hearing, she has to take assistance from
her family members.
13. It is also relevant to note that the C.C.No.179 of 2024
and D.V.C.No.45 of 2024 are pending at Siricilla, whereas
H.M.O.P filed by the respondent-husband is pending before
the Court at Jagtial and if the H.M.O.P.No.117 of 2024 is
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transferred to Siricilla, no prejudice would be caused to the
respondent.
14. Therefore, taking into consideration the facts and
circumstances of the case and 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
H.M.O.P.No.117 of 2024 on the file of the learned Senior Civil
Judge Court, at Jagtial, Jagtial District is transferred to the
Court of learned Senior Civil Judge Court, at Siricilla,
Rajanna Siricilla District, in accordance with law.
16. The learned Senior Civil Judge Court, at Jagtial, Jagtial
District shall transmit the entire original record in
H.M.O.P.No.117 of 2024, duly indexed, to the Court of
learned Senior Civil Judge Court, at Siricilla, Rajanna Siricilla
District, preferably within a period of one (1) month from the
date of receipt of a copy of this order.
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17. Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
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LAXMI NARAYANA ALISHETTY, J
18th June, 2025
PSW
