Kommidi Maneesha @ Maneesha Mudhiqanti v. husbarecl

Order

This 'l'-,ursfer Civil Miscellaneous Petition s filed seeking 1-ranr;ler of F.C.O.P.No.4O of 2024 from tht file of the Fam ily ( )ourt, Karimnagar, to the le arn,:d Special Judge, F am 1r Court, at Hanamkonda or ary other C ourt of competenl j -.r r scliction at Hanamkonda

2. Hr:arr: Siri Nadipally Ananda Rao, learned ,:outtsel for the petitiotr,: r. No representation on l>ehtrlf of the responclent. rLespite service of notice and therefr re the matter is bcrrrg disposed basing on the malerieLl zrvailable on record

3. The' l.,r rr:f facts leading to hling of tlre 1>resent Tr.C.1\4.[' ar-c: that petitioner and respondent are w.fe and husbarecl, tl r::r rnarriage was solemnized on I6.t)2.iO2O at KLN Conver-r[ on, Near Chinthagattu Canal Krlrirr nagar- Warang:r1 llrad, Bheemaram, Hanamkon<la anc after marriagr:, re titioner joined matrimonial co mp. nlr of respondr:n.t; t:rat both the petitioner and rr:spond< ,nt are private r:mpl,r',ees. It is averred that while the pe.itioner .| LNA, J T..CMP.Nq.l45 of 202 5 and respondent were going to the parents house of the petitioner in Gopalapuram of Hanamkonda, in their car driven by her husbald, the car went off the road at Jangaon and major accident took place and the petitioner received major injuries including multiple fractures to her spine and fractures to neck and she underwent multiple surgeries in Yashoda Hospital, Hyderabad and since then petitioner is under medication. It is further averred that due to fractures received to her spine, her body below the chest is paralyzed and has become insensitive and she is almost bedridden and without the help of others, she cannot move; that with the help of her parents only, with great diffrculty petitioner will get into wheel chair from the bed and vice versa. It is further averred that after the accident and after realizing that petitioner cannot recover to her original state and she require a prolonged treatment which may be for years together and that treatment involves heavy amount of money, requires assistance of a third person etc., respondent left petitioner at her parents house in Gopalapuram of Halamkonda and since then she ') 3 LNA, J Tr.(.tvtI,.Ao 14.- ),.2025 is stayin g i::r he house of her parents and the1. ar i: only attendinq h,: - necessities including her maintenan,:e and since therr l(rspondent never visited the gretitront:r and never b'oth : r::d about her health and an y r ,f her requirerrLenl.s. In view of her health condil.ion al I after taking a de<:ision to go for second marriage, he: hr:sband demandr:cl I,rr dissolution of marriage' irnd liled F.C.O.P. \r: .,r-\) of 2024 in Family Court at Karimnaga:

4. Lezrnr:c counsel for the petitioner cc,nterrde :1 that petitioner r:arLnot travel on her own and withr,ut r-he relp of a third pers(,r1, and thus requested to transfer F.(l.O.P from Famil), Corr- at Karimnagar to Family Col rt at Hanamkond a

5. Undr:rt.r.ng principle governing proceedingri flled under Sier:l i,rn 24 of CPC seeking trans.fer of suits, appeal r)r ():1er proceedings. The Hon'cle Surreme Court ir:r. Ml!' Aishuarya Vs. .4.S.Saraaono K.lLrthik Shat held i, s; follows: ' zo2z scc ontine :;(; 1199 4 LNA, J Tr.CMP.No.l45 of2025 f:

"9. The cardinal principle for exercise of pouer und_er Section 24 of tlte Code of Ciuil Procedure i.s tlnt the ends of justice should demand the transkr of tle suit, appeal or other proceeding. In matimonial matters, u.tLtereuer Courts are called upon to con sider the pleo of transfer, the Courls haue to take into consideration tLrc economic soundness of both the parties, tLte social strata of the spouses and their behauioural pottern, tLreir standard of life pior to the maniage and subsequent thereto and the circumstances of both the parties in eking out their liuelihood and under uhose protectiue umbrella theg are seekirtg their sustenance to life. Giuen the preuailing socio- economic poradigm in the Indion society, generallg, it is th-e uift's anuenience tuhich must be looked at uhile consideing tran sfer."

6. The principle of law laid down by the Hon,ble Supreme Court in N.C.V.Aishtoa.rya's case 12na cited. stpra), has been reiterated by the High Court of Bombay in Devika Dhiraj Patil Nee Deutkq. Jagprakash Buttepatil u Dhiraj Sunil PatiP, arrd observed as under:- 'In a country like India, important decisions such as marriage, diuorce are still taken u-tith the guidance and blessings of elders in the ' IZOZ: SCC Online 8om 1926) I i i I I I I I t I I I I i I ; l i l I I 5 1,N1. J Tr.( MP.!\..115 i2025 .lit,'.tl'.y. For a ladg to trauel alone Jor the .7t.tt cz =dings to o Court uhere the fate of ircr ni.c.\1\ge is going to be decided uithoi ang _fnr,,.tl.t member uould definitely be a matter oJ (' tn(, rn and cause not onlA pttAsi.al ir,.c,nuenience but also emotional and 7'; st.' < l tological inconuenience

7. Ftrr:tlrt:r, the High Court of Bombay in Priganka Rahut .Pati,' u. Rahul Ro:uindra Patil3 follorl'r:d the principle laic dou.n in .I\L C. V.Aishwarya's case (2r' cited supra) and Deuika Dhirai Patil Nee Deaikq Jagprakash Buttepatil':; case (3.d cited supra), and held as fcrllor rs:- "Tlut underlging pinciple gouernlng th: pn1611p,fi11gs under Section of the CPC, i.s thc t. cortt,z'iience of tle uife is to be preferrea ouetr th -: cot LL,.- \ i.ence of the husband." 8 Thr-rs, 1lLere are catena of decisions c,f the ]{on'ble Supremr: (}-ri-t and other High Courts to tht: effect that in matrimonial matters/disputes, while considerirg the applicatior r ftr- tralsfer of the proceedings from onr Court to another {)c,urt, the Courts must prefer the convt'nience of the vgife over the convenience of the husbald. 3 IZOZ: SCC OnLir,r Bom 1982) 6 LNA, J Tr.CMPNo.l45 of 202 5

9. In the present case, a perusal of the record discloses that the petitioner is seeking transfer of the F.C.O.P.No.40 of 2024 filed by the respondent from the frle of the Family Court, Karimnagar to the Speciat Judge, Family Court at Hanumakonda on the ground that she cannot travel on her own and without the help of a third person, more particularly a women and without carrying wheel chair as her entire body below the chest portion is paralyzed and it is still insensitive, it is highly difficult for her to attend the Family Court, Karirnnagar to prosecute the case.

10. In view of the under\.ing 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 and it would be just and appropriate to transfer the F.C.O.P.No.4O of 2024 from the file of Family Court, Karimnagar to the Court of Special Judge, Family Court at Hanumakonda 11 Therefore, _in the facts and circumstances of the case and in the light of the principle laid down in the aforesaid i I I 7 Tr CllP.lv .14: c'2Di ,! \'4. ./ decisions, l.Lrir; Court is inciined to accede to the reqtest of the petitior-. e lvife seeking transfer of the case ' 12. Accord rr1ly, this Transfer C.M.P. is alloweri and F.C.O.P.l'lo.z1(t of 2024 pending on the file ,rf the ramily Court, Karirt rLagar, is withdrawn and trans;ferr ed to the learned fiper:iz'1 Judge, Family Court, at Halam]<on la, for disposal in ztccordance with law.

13. The l,:i'Llried Family Court Judge at Karimnag:u, shall trarsmit flre: ,:'rtire original record in F.C.O.P.l,.io.'lO cl 2024 duly inclexerl to the Court of the learned S'pecial Judge, Famill. C:or-r:t, at Hanamkonda, preferably withill a period of one nron J.t from the date of receipt of 2 copy lf this order. Pe nclin s miscellaneous applications, if irny shall stand clost:c] . 'lhere shall be no order as to co:its. //TRUE COPY'/ sd/- P. C H. NAGAISHUSHAMBA QEPUT'' REGISTRAR 'J secrtott oFFlcER To, '1. The Fanrily C),ltl,i r, Karimnagar z. The Special .Lrdge, Family Court at Hanmakonda 3. One CC to SFll NADIPALLY ANANDA RAO, Advocate [OPUC] 4. Two CD C:opic s pcsd/gh --:'xtBlw*81!;::t:_--r'='f-,..-,'. t.'a.1;xw*rxx*irqr?B,1;-';*&:;r--?r- :,:-: . .- "r:r|5i3$$53g.;1, : ...;;__{ I I HIGH COUR'T DATED:1 1l0til2025 ORDER TRCMP.No"145 of 2025 1= o l-t E T4s lt 3 ltjr 2025 Z (, ( o' t ':. .i:J, - a:..- * ALLOWING HE TRANSFER CIVIL MISGELLAN EOUS PETITION o /./< J,./7,/15 I I i I i I I . ; i i i ! i I t ! i i I I i I I I i 1 I I