Telangana High Court
Mrs. Velukuchi Oliveti Rama Devi vs Mr. V.L.T. Sharma Laxamana Tejaswi ... on 24 June, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.15 of 2025
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking
transfer of H.M.O.P.No.137 of 2024 from the file of the Senior Civil
Judge, at Mahabubabad District, to the Court of the Judge, Family
Court at Ranga Reddy District.
2. Heard Ms. Tejaswini, learned counsel, representing Sri K.
Anoop Kumar, learned counsel for petitioner on record. No
representation on behalf of the respondent despite service of notice,
therefore, matter is being disposed basing on the material available
on record.
3. The brief facts leading to filing of the present Tr.C.M.P. are
that the marriage of the petitioner and respondent was solemnized
on 19.05.2019, at Kanakadurga A/c Convention Hall, situated at
Meerpet Main Road, Saroornagar Mandal, Ranga Reddy District, as
per the prevailing customs in Hindu Religion. It is averred that,
soon after the marriage, petitioner joined the matrimonial house of
the respondent, at Nellikuduru Village, Mahabubabad District.
After sometime, petitioner and respondent have shifted to
Hyderabad and started living in a rented house and after some time
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they shifted to Ground floor of a house, at Meerpet which belongs
to the father of the petitioner, without giving any rent and
maintenance. Thereafter, respondent started demanding the
petitioner to transfer the said portion of the house, where he was
living, on his name and as the said demand was not fulfilled, he
started harassing the petitioner and also threatened her that he will
give divorce to her if his demand is not fulfilled. Later, respondent
filed H.M.O.P.No.137 of 2024, before Senior Civil Judge at
Mahabubabad District, under Section 13(1) (ia) (ib) of Hindu
Marriage Act, seeking Dissolution of Marriage.
4. Learned counsel for the petitioner contended that though
respondent is living in Hyderabad, he intentionally filed
H.M.O.P. at Mahabubabad, only to harass the petitioner. In
support of his contention, learned counsel placed on record, the
bills of gas connections and insurance policy of the respondent,
wherein the address of the respondents is shown as Meerpet.
Learned counsel further contended that petitioner is dependent
on their parents and that the distance between Mahabubabad and
Hyderabad is 130 kms and more so, petitioners father has
undergone surgery for Circumcision and mother is suffering from
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Thyriod, therefore, she cannot travel from Hydearabad to
Mahabubabad, on each and every date of hearing. Hence, prayed
to allow the petition.
5. This Court considered the pleadings and submissions made
by learned counsel for the petitioner. 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
2022 SCC Online SC 1199
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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 (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:-
(2023 SCC OnLine Bom 1926)
(2023 SCC OnLine Bom 1982)
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"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."
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. In the present, case, a perusal of the record discloses that
the petitioner's father has undergone surgery for Circumcision
and mother is taking treatment for Thyriod and the petitioner has
to take care of her parents. Further, the distance between
Hyderabad to Mahabubabad is about 130 Kms and in such
circumstances, it is difficult for the petitioner to travel from
Hydearabad to Mahabubabad, on each and every date of hearing.
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.137 of 2024, pending on the file of Senior Civil Judge,
Mahabubabad, is withdrawn and transferred to the Judge, Family
Court, Ranga Reddy District, for disposal in accordance with law.
14. The learned Senior Civil Judge, Mahabubabad District,
shall transmit the entire original record in H.M.O.P.No.137 of
2024 duly indexed, to the Court of the Judge, Family Court,
Ranga Reddy 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
tssb
