Telangana High Court
Smt. Revalli Manasa vs Sri. Revalli Rama Krishna on 24 June, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.456 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking
transfer of H.M.O.P.No.11 of 2024 from the file of the Principal
Senior Civil Judge-cum-Additional Assistant Sessions Judge at
Kalwakurthy, Nagarkurnool District, to the Court of the Senior Civil
Judge, at Suryapet.
2. Heard Sri V. Pavan Kumar, learned counsel for petitioner. No
representation on behalf of the respondent despite service of notice.
Therefore, the matter is being disposed of basing on material
available on record.
3. The brief facts leading to filing of the present Tr.C.M.P. are
that the petitioner and respondents are wife and husband and their
marriage was solemnized on 25.11.2020, at Akruthi Gardens, Opp
Police Station Veldanda, Veldanda Village and Mandal,
Nagarkurnool, as per the prevailing customs in Hindu Religion. It is
averred that, soon after the marriage, petitioner joined the
matrimonial house of the respondent and within short time,
respondent started harassing the petitioner physically and mentally.
In the month of October, 2023, respondent assaulted the petitioner
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by beating her indiscriminately and unable to bear the harassment,
she filed a complaint before Suryapet Police Station II Town,
Suryapet District, and case was registered and later charge sheet
was filed and is numbered as C.C.No.454 of 2024, under Section
498-A of IPC and Section 3 & 4 of Dowry Prohibition Act, pending
before Principal Junior Civil Judge-cum-Judicial First Class
Magistrate Court, at Suryapet and also filed M.C.No.9 of 2024 and
D.V.C.No.8 of 2022, which are pending before Principal Judicial
First Class Magistrate at Suryapet. Later, respondent filed
H.M.O.P.No.11 of 2024, before Princiapl Senior Civil Judge at
Kalwakurthy, Ngarkurnool District, seeking Dissolution of
Marriage.
4. Learned counsel for the petitioner contended that distance
between Suryapet to Kalwakurthy is about 324 kms and as the
petitioner is dependent on their parents she cannot travel such a
long distance on each and every date of hearing. Learned counsel
apart from reiterating the averments made in the affidavit, further
submitted that the respondent is appearing in M.C.No.9 of 2024
and D.V.C.No.8 of 2022, filed by the petitioner at Principal
Judicial First Class Magistrate at Suryapet, therefore, no prejudice
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will be caused to the respondent if H.M.O.P.No.11 of 2024 is
transferred to Suryapet Court.
5. This Court considered the submissions made by learned
counsel for both the parties. 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:
"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,
2022 SCC Online SC 1199
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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 (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 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
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 (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."
(2023 SCC OnLine Bom 1926)
(2023 SCC OnLine Bom 1982)
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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 prefer the convenience of the wife over the
convenience of the husband.
11. Present Tr.CMP is filed principally on the found that the
petitioner is dependent on her parents and the distance between
Suryapet to Kalwakurthy is about 324 kms and that she cannot
travel from Suryapety to Nagarkurnool, on each and every date
of adjournment. Further, as the respondent is appearing in
M.C.No.9 of 2024 and D.V.C.No.8 of 2022, filed by the petitioner
herein at Principal Judicial First Class Magistrate at Suryapet, no
prejudice will be caused to the respondent if H.M.O.P.No.11 of
2024 is transferred to Suryapet Court. Hence, the Tr.CMP
deserves to be allowed.
12. 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 wife has to be
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given priority/preference over the convenience of the husband,
this Transfer CMP deserves to be allowed.
13. Accordingly, this Transfer C.M.P. is allowed and
H.M.O.P.No.11 of 2024, pending on the file of Principal Senior
Civil Judge-cum-Additional Assistant Sessions Judge at
Kalwakurthy, Nagarkurnool District, is withdrawn and
transferred to the Senior Civil Judge, Suryapet, Suryapet District,
for disposal in accordance with law.
14. The learned Principal Senior Civil Judge-cum-Additional
Assistant Sessions Judge at Kalwakurthy, Nagarkurnool District,
shall transmit the entire original record in H.M.O.P.No.11 of 2024
duly indexed, to the Court of the Senior Civil Judge, Suryapet,
Suryapet District, 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.
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LAXMI NARAYANA ALISHETTY, J
Date: 24.06.2025
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