Telangana High Court
Kanakam Shirisha vs K. Mallesh on 18 March, 2025
HON'BLE JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.61 of 2025
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking
transfer of O.P.No.166 of 2024 from the file of the Senior Civil Judge
at Jangaon to the Court of Principal District Judge, at Medchal
Malkajgiri, Medchal Malkajgiri District.
2. Heard Sri Paidipalli Chaithanya, learned counsel for the
petitioner and Sri R.Ashok Goud, learned counsel for the respondent.
3. As per the averments made in the affidavit filed in support of
present Tr.C.M.P., the marriage of the petitioner-wife was solemnized
with the respondent-husband on 12.08.2012 as per Hindu rites and
customs at Moula-Ali community Hall, Moula- Ali, Secunderabad;
that during their wedlock, they blessed with two children. It is
averred that petitioner is being harassed by the respondent and his
family members mentally and physically, therefore, she lodged a
complaint vide Crime No.64/2019 under Sections 498-A IPC and
Sections 3 and 4 of Dowry Prohibition Act before the Women Police
Station Begumpet and the same was registered as C.C.No.10812 of
2019 on the file of IX Addl.Chief Metropolitan Magistrate at
Hyderabad. Petitioner filed Maintenance Case vide M.C.No.189 of
2022 before the Principal District Judge, Medchal Malkajgiri, besides
LNA, J
Domestic Violence Case vide DVC No.28 of 2022 at IV Metropolitan
Magistrate, Medchal Malkajgiri and the same are pending for
adjudication. It is averred that respondent herein filed O.P.No.166 of
2024 before the Senior Civil Judge, Jangaon against the petitioner for
divorce.
4. It is further averred that the distance between Jangaon and
Hyderabad is 120 KMs and there is a threat to life of petitioner in the
hands of the respondent in the event of attending the Court at
Jangaon and it is further contended that she has to take care of two
children, therefore, it is not possible for her to travel from Hyderabad
to Jangaon to attend the Court proceedings in O.P.No.166 of 2024. It
is further averred that three cases, which are filed at Hyderabad and
Malkajgiri are pending for adjudication, in which the respondent is
appearing. Therefore, no prejudice would be caused to the
respondent if the O.P.No.166 of 2024 is transferred to the Principal
District Judge, Medchal Malkajgiri and it is also convenient for the
respondent to attend in the said O.P.
5. Learned counsel for the respondent has not seriously objected
to the application for transfer of O.P.No.166 of 2024 from the Court of
Senior Civil Judge, Jangaon to the Court of Principal District Judge,
Medchal Malkajgiri. Learned counsel for respondent further
LNA, J
contended that respondent is appearing in all the matters which are
filed and pending at Medchal Malkajgiri and Hyderagbad.
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 Apex Court in catena of
judgments and the same was followed by various High Courts.
7. In N.C.V.Aishwarya v. A.S.Saravana Karthik Sha 1, the
Hon'ble Supreme Court held as under:
"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."
8. The principle of law laid down by the Hon'ble Supreme Court in
N.C.V.Aishwarya's case (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:-
2022 SCC Online SC 1199
(2023 SCC OnLine Bom 1926)
LNA, J
"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 (supra) and Devika Dhiraj Patil Nee Devika
Jayprakash Buttepatil's case (supra), 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."
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 is seeking transfer of the O.P.No.166 of 2024 filed by the
respondent from the file of the Senior Civil Judge at Jangaon to the
Principal District Judge, Medchal Malkajgiri, on the ground that she
is apprehending assault by her husband if she comes to Jangaon, to
attend Court proceedings in O.P.No.166 of 2024 and that she alone
(2023 SCC OnLine Bom 1982)
LNA, J
cannot travel from Hyderabad to Jangaon, which is at a distance of
about 120 KMs., and she has no means to maintain herself.
12. In view of the underlying principle enunciated by the Hon'ble
Apex Court and various other High Courts in the aforesaid
judgments, the convenience of the petitioner has to be given priority/
preference over the convenience of the respondent. Further, as
admittedly, three cases filed by the petitioner are pending at the
Courts of Medchal Malkajgiri and Hyderabad, it would be just and
appropriate to transfer the O.P.No.166 of 2024 from Senior Civil
Judge, Jangaon to the Principal District Judge, Medchal Malkajgiri.
13. Therefore, in the facts and circumstances of the case and in the
light of the principle laid down in the aforesaid decisions, this Court
is inclined to accede to the request of the petitioner-wife seeking
transfer of the case.
14. Accordingly, this Tr.C.M.P. is allowed and O.P.No.166 of 2024
pending on the file of the Senior Civil Judge at Jangaon is withdrawn
and transferred to the Principal District Judge, Medchal Malkajgiri at
Medchal Malkajgiri District, for disposal in accordance with law.
15. The learned Senior Civil Judge, Jangaon, shall transmit the
entire original record in O.P.No.166 of 2024 duly indexed, to the
LNA, J
Principal District Judge at Medchal Malkajgiri, Medchal Malkajgiri
district, within a period of one month from the date of receipt of a
copy of this order. There shall be no order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________
LAXMI NARAYANA ALISHETTY, J
Date:18.03.2025
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