Telangana High Court
Thota Alias Sudula Radhika vs Thota Venu Alias Bhikshapathi on 18 March, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Tr.C.M.P.No.539 of 2024
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking
transfer of O.P.No.192 of 2023 from the file of the Judge, Family
Court, Hanumakonda, filed by the respondent-husband, to the
Court of the Senior Civil Judge, Jangaon.
2. Heard Sri M. Madhava Reddy, learned counsel for the
petitioner. Despite service of notice, none appeared on behalf of
the respondent.
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 10.03.2012 at Sharada Function Hall,
Hanumakonda, as per the prevailing customs in Hindu Religion.
After marriage, respondent and the petitioner lead their marital
life happily for four years. Later, the respondent started harassing
the petitioner mentally and physically. On 10.09.2015, the
respondent necked out the petitioner from his house and since
then the petitioner is residing with her parents.
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4. While things stood thus, the respondent filed O.P.No.192 of
2023, before the Judge, Family Court at Hanumakonda, under
Section 13(1)(ia)&(ib) of Hindu Marriage Act, 1955 for dissolution
of Marriage and the same is pending for adjudication.
5. The petitioner filed Crl.M.P. No. 1162 of 2024 in M.C. No.28
of 2023 before Additional Judicial First Class Magistrate, Jangaon,
and the same is pending for adjudication. It is further stated that
in view of strained relationship between the petitioner and the
respondent, it is difficult to attend the O.P.No.192 of 2023 for each
and every hearing. Hence, prayed to transfer O.P.No.192 of 2023
to Senior Civil Judge, Jangaon.
6. This Court considered the submissions made by
learned counsel for petitioner. 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
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Supreme Court in a catena of judgments and the same was
followed by various High Courts.
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
2022 SCC Online SC 1199
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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
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 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
(2023 SCC OnLine Bom 1926)
(2023 SCC OnLine Bom 1982)
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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.
12. In the present, case, a perusal of the record discloses that
the petitioner is seeking transfer of the O.P. filed by the
respondent from the Judge, Family Court, Hanumakonda, on the
ground that she cannot attend the court on each and every date of
adjournment. Further, for every hearing, she has to take
assistance from her family members. The Crl.M.P. No.1162 of
2024 in M.C. No.28 of 2023 filed by the petitioner for enforcement
of the order of maintenance is pending before the Additional
Judicial Magistrate of First Class, Jangaon and respondent has to
attend the M.C case at Jangaon. Whereas, O.P.No.192 of 2023 filed
by the respondent for dissolution of marriage, is pending before
Judge, Family Court, Hanumakonda. Therefore, there would not
be inconvenience to respondent if the O.P.No.192 of 2023 is
transferred to Jangaon.
13. Therefore, in view of the underlying principle enunciated
by the Hon'ble Supreme Court and various other High Courts in
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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
O.P.No.192 of 2023 pending on the file of Judge, Family Court at
Hanumakonda, is withdrawn and transferred to the Senior Civil
Judge, Jangaon, for disposal in accordance with law.
15. The learned Judge, Family Court, Hanumakonda, shall
transmit the entire original record in O.P.No.192 of 2023 duly
indexed, to the Court of the Senior Civil Judge, Jangaon,
preferably within a period of one (01) 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: 18.03.2025
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HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
Date: 18.03.2025
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