Telangana High Court
Singanamoni Swetha Renusri vs Singanamoni Mohan on 11 March, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.509 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed by the
petitioner-wife seeking transfer of H.M.O.P.No.20 of 2024 from
the file of the Senior Civil Judge, Wanaparthy, filed by the
respondent-husband, to the Court of the I Additional Family
Court, at Medchal, Medchal-Malkajgiri District.
2. Heard Sri C. Buchi Reddy, learned counsel for the
petitioner and notice sent to the respondent returned as refused,
therefore, service deemed sufficient and the matter is 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-wife was solemnized with the
respondent-husband on 07.05.2009 at residence of the respondent
at Pebbair Village & Mandal, Hyderabad, as per the prevailing
customs in Hindu Religion. Immediately, after marriage,
petitioner joined conjugal life with the respondent and out of
their wedlock, petitioner was blessed with a male child. As the
respondent was not having any job, petitioner father provided
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him headmaster job in Dikhsa High School where, respondent
entered into a illicit relationship with another women namely
Dhara Mounika, who was working as clerk in the said school and
hatched a plan to marry her. Knowing the same, petitioner and
her relatives warned the respondent and since then respondent
started beating and abusing the petitioner. Later, petitioner came
to know that the respondent got married to the Dhara Mounika
secretly and when the petitioner asked about the same,
respondent started harassing the petitioner physically and
mentally and threatened petitioner and her parents with dire
consequences.
4. Therefore, petitioner filed a case against the respondent
vide Cr.No.1005 of 2003, Under Section 494 & 498 A of IPC on the
file of the P.S. Jeedimetla, Cyberabad District and after
investigation police filed charge sheet.
5. Later, respondent left the petitioner and started living with
his illegal wife and filed H.M.O.P.No.20 of 2024 before Principal
Senior Civil Judge at Wanaparthy, under Section 13(1)(i-a)(iii) of
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Hindu Marriage Act for granting Divorce by dissolving the
marriage and the same is pending for adjudication.
6. It is further stated that respondent has violent behavior
towards the petitioner and unable to bear the torture and
harrrasment of the respondent, his own father and sisters filed
complaint against the respondent at P.S. Pebbair and the same
was registered as Crime No.261 of 2024 and also various cases
were registered against the respondent vide Crime No.8 of 2004,
Crime No.10 of 2024 and FIR No. 623 of 2024. In those
circumstances, petitioner started staying with her parents in
Hyderabad and in view of strained relationship between the
petitioner and the respondent, it is difficult to attend the
H.M.O.P.No.20 of 2024 for each and every hearing and further as
she has to take care of her minor child. Hence, prayed to transfer
the same to I Additional Family Court, at Medchal, Medchal
Malkajgiri District.
7. This Court considered the submissions made by
learned counsel for the petitioner and perused the material
available on record.
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8. 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.
9. 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."
2022 SCC Online SC 1199
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10. 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
11. 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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12. 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.
13. In the present, case, a perusal of the record discloses that
the petitioner is residing with her parents. In view of the strained
relationship between the petitioner and respondent, the petitioner
raised a complaint vide Cr.No.1005 of 2003, under section 494 &
498 A of IPC on the file of the P.S. Jeedimetla, Cyberabad District
and after investigation police filed charge sheet. Further in view
of the violent behavior of the respondent, his own father and
sisters filed complaint against the respondent at P.S. Pebbair and
the same was registered as Crime No.261 of 2024 and also various
cases were registered against the respondent vide Crime No.8 of
2004, Crime No.10 of 2024 and FIR No. 623 of 2024 . It is a specific
case of the petitioner that with a minor child she cannot attend
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the court on each and every date of adjournment and for every
hearing, she has to take assistance from her family members.
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 Transfer CMP
deserves to be allowed.
15. Accordingly, this Transfer C.M.P. is allowed and
H.M.O.P.No.20 of 2024 pending on the file of Senior Civil Judge,
Wanaparthy, is withdrawn and transferred to the I Additional
Family Court, at Medchal, Medchal Malkajgiri District, for
disposal in accordance with law.
16. The learned Senior Civil Judge, Wanaparthy, shall transmit
the entire original record in H.M.O.P.No.20 of 2024 duly indexed,
to the Court of the I Additional Family Court, at Medchal,
Medchal Malkajgiri District, preferably within a period of one
month from the date of receipt of a copy of this order.
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Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
__________________________________
LAXMI NARAYANA ALISHETTY, J
Date: 11.03.2025
tssb
