Telangana High Court
Rehana Khatun vs Md. Mujasha Muzaffar on 19 June, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.505 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking
transfer of F.C.O.P. No.1444 of 2023 from the file of the Judge,
Family Court, Ranga Reddy District at L.B. Nagar, filed by the
respondent-husband, to the Court of Senior Civil Judge,
Mahabubabab.
2. Heard Smt. Sravani, learned counsel representing Sri
Kalyan Nanjula, learned counsel for petitioner on record and Sri
C. Sharan Reddy, 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 and respondent-husband
was solemnized on 21.02.2021 at Kothagudem, Bhadradri-
Kothagudem District, as per Sunni sect of Muslim Rights and that
out of the wedlock, they were blessed with two male children, 11
years and 8 years old respectively. After the marriage, the
respondent and his family members subjected the petitioner to
cruelty mentally and physically for want of additional dowry and
the petitioner was necked out from the matrimonial house and
that she was unable to bear the torture of the respondent and his
family members. On 19.09.2023 the petitioner lodged a complaint
to the Station House Officer, PS Kesamudram, Mahabubabad
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District which was registered as a case in Cr.No.171 of 2023 for
the offence under Section 498-A IPC against the respondent and
the same is pending. The petitioner and her children are residing
with her parents at Kesamudram.
4. Learned counsel for the petitioner submits that the
respondent filed FCOP No.1444 of 2023 before the Judge,
Family Court, Ranga Reddy District at L.B. Nagar seeking
restitution of conjugal rights. The petitioner further averred
that she is depending on her parents and has no independent
income and has to take care of her two minor children and that
the distance from Kesamudram to Hyderabad is 220 KMs and
the petitioner is not in a position to travel such a long distance
as she has to take care of her minor children. It is further
submitted that in view of the strained relationship between the
petitioner and the respondent, there is a threat to the petitioner
in the hands of the respondent. It is also stated that for every
hearing, the petitioner has to take assistance from her family
members to appear before the Judge, Family Court, Ranga
Reddy District at L.B. Nagar. Hence, she prayed to transfer the
F.C.O.P. No.1444 of 2023 from the file of the Judge, Family
Court, Ranga Reddy District at L.B. Nagar to the Court of Senior
Civil Judge, Mahabubabad. Moreover, no prejudice will be
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caused to the respondent if F.C.O.P. No.1444 of 2023 is
transferred to the Court of Senior Civil Judge, Mahabubabad.
5. Learned counsel for the respondent filed counter denying
the allegations and contended that the family members of the
petitioner demanded the respondent to stay in their house as
illatum son-in-law and when he refused, petitioner left to her
parents' house along with children. As such, he filed FCOP
No.1444 of 2023 seeking restitution of conjugal rights and further
submitted that the respondent is residing at Hyderabad and if the
FCOP is transferred to Senior Civil Judge Court at Mahabubabad,
he would be put to great hardship and prayed to dismiss the
petition.
6. This Court considered the submissions made by learned
counsel for both the parties. 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.
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8. The Hon'ble Supreme Court in NCV Aishwarya Vs.
A.S.Saravana Karthik Sha 1 held as follows:
"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."
9. 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
2022 SCC Online SC 1199
(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
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 (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."
11. Thus, there is a 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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12. Present Tr.C.M.P. is filed principally on the ground that
the petitioner has no independent income and she is dependent
on her parents and she has to take care of her two minor
children. It is further averred that the distance between
Kesamudram to Hyderabad is about 220 KMs and that with two
minor children, she cannot travel from Kesamudram to
Hyderabad, on each and every date of adjournment. She is
apprehending assault by her husband if she comes to
Hyderabad to attend the Court proceedings in F.C.O.P. No. 1444
of 2023 and therefore, it is appropriate that the F.C.O.P.
No.1444 of 2023 can be adjudicated by the Senior Civil Judge,
Mahabubabab.
13. 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 Transfer CMP
deserves to be allowed.
14. Accordingly, this Transfer C.M.P. is allowed and the
F.C.O.P. No.1444 of 2023 pending on the file of the Judge,
Family Court, Ranga Reddy District at L.B. Nagar, is withdrawn
and transferred to the Court of Senior Civil Judge,
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Mahabubabab for disposal in accordance with law. However,
Senior Civil Judge, Mahabubabad, is directed to insist
appearance of the respondent only when his presence is
required.
15. The learned Judge, Family Court, Ranga Reddy District at
L.B. Nagar, shall transmit the entire original record in F.C.O.P.
No.1444 of 2023 duly indexed, to the Court of the Senior Civil
Judge, Mahabubabad, 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: 19.06.2025
Skj
