Ms v. Aashrutha representing Sri vs M. Krishna Reddy

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay all further proceedings in O.P. No. 1265 of 2024 on the file of Judge, Family Court, R. R. District at L.B. Nagar till the disposal of this Transfer CMP. Counsel for the Petitioner: Ms. V. Aashrutha representing Sri V. M. Krishna Reddy Counsel for the Respondent: The Court made the following: ORDER {- HON'BLE SRI JUSTICE LAXMI NARAYANA AI,ISHETTY TRANSFER CIVIL MISC ELLANEOUS PETITION No.195 of2025 ORDER: This Transler CiviI Miscellaneous Petitic,r'r is filed seeking transfer ol F.C.O.P.No.1265 of 2024 oo the flle of the learned Judge, Family Court, at Ranga Reddy District at L.B.Nagar to t1're Court of learned Family Courr Judge, at Nalgonda, Nalgonda District.

2. Heard Ms. V. Aashrutha, learned counsel representing Sri V.M.Krishna Reddy, learned counsel for thc petitioner. Notice sent to respondent is returned with an eldorsement 'Refused'. Therefore, the matter is being disposed of basing on tl-re material available on record.

3. Thc Briel factual matrix of the case arc that the petitioner and respondent are u.ife and husbanc and their marriage u,as solemnized on O9.12.2O2O, at Achu -r Gardens, Miryalaguda Road, Du,araka Nagar Colony, Nalgc nda Town, Nalgonda District, as per the prevailing custonrs in their community; that soon alter their marriage, the petitioner joined the matrimonial l-rouse of respondent and out of their wedlock, they rvere blessed with a baby boy on )9.O9.2O22 and he r,s suffering from i1l-health i.e., HIE ste.gc-Il. II is 2 I-NA..I T|CMP.No.195 of2025 averred that the petitioner was subjected to physical and mental harassment and was necked out from matrimonial house and that unable to bear the physical harassment and abuse by respondent and his family membcrs, thc pctitioner lodged a complaint in Crime No.1O5 of 2023, datcd

12.1O.2023, under Section 498-A, 323,5O4, 506 read with 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act and thc charge sheet has been fiied vide C.C.No.l29 of 2024 wl-rich is pending on the file of il Special Judicial First Class Magistrate - cum- Excise Judge, Nalgonda. In the meanwhile, respondent herein filed F.C.O.P.No.1265 of 2024 on the file of learned Judge, Family Court, at Ranga Reddy District at L. B. Nagar.

3.1. It is further averred that at present, the petitioner is taking sheltcr in her parent's house and is financially dependent on her parents and she has to lake care of her minor child. Moreover, the distance between Nalgonda and Ranga Reddy District is more than 2OO Kilometres. Therefore, it is difficult for the petitioner to travel from Nalgonda to Ranga Reddy District to attend the F.C.O.P. In those set of circumstances, the petitioner filed the present Tr.C.M.P J I-N,1. J trcMP.No.l95 of2025

4. Learned counsel for the petitroner apart from reiterating the averments made in the Tr.C.M.P, contended that the police have filed charge sheet in C.C.No.l29 of 2024 which is pending on the file of II Special Judicial Filst Class Magistrate - cum - Excise Judge, Nalgonda and the respondent is appearing in the said case. Therelore, rf the matter is transl'erred from Ranga Reddy District trr Nalgonda District, no prejudice would be caused to the respon<lent and further contended that convenience of vvife has to be considered as against the convenience of the hust,and in the matrimonial matter and hence, prayed to allow the present Tr.C.M.P.

5. This Court considered the submissions macle by learncd counsel for the petitioner and perused the materiaL available on record.

6. The underlying principle governing the proce,::dings under Section 24 of tJne CPC secking transfer of the casc, appeal or other proceedings, is enunciated by the Hon'ble Supreme Court in a catena of judgmcnts and the same was followi,d by various High Courts. 4 t-i'4. J Tr( ltl P.t\o. l9i oI 2025

7. The Hon'ble Supreme Court in NCV Aishuarya Vs. A.S.Srr,rauo,na Kdrthik Shar held as follolvs: 'The cardinal principle for exercise of power under Section 24 of the Code of CiuiL Procedure is that the ends of justice shouLd demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, rahereuer Courts are called upon to consider the plea of transfer, the Courts haue to take into cortsiCeratton the econornic soundness of both the parties, the sociol strata of the spouses and their behauioural pattena, their standard of life pnor to the mariage and subseqttent thereto and the circurnsta nces of both the parties in eking out their liuelthood and under uthose protectiue umbrello they are seeking tlteir sustenance to life. Ciuen the preuailin.g socio- economic paradigm in the lndian societg, generallg, i/ is the u.)Lk's conuenience uhich must be looked at while consideing tra nsfer."

8. The principle oi law laid down b1, the Hon'ble Supreme Court in N.C.V.Atshuarya's case (srd cited supra), has been reitcrated by the High Court of Bombay in Dedka Dhirai Patil Nee Deuika Jagprakash Buttepatil u. Dhirai Sunil Patif2, ar,d observed as under:- "In a country like India, impoftant decisions such as manriage, diuorce are still taken I 2022 scc;line sc 1199 2 lzoz: SCC onrine Bom 1926) 5 I-NA, J TrCttP.\o.l9s of 102i lDith the guidance and blessings of elders m the family. For a ladg to trauel alone for the proceedings to a Coutt u,there the fate of her marriage is going to be decided uithout ang family member toould definitelg be a matter of concem and cause not onlA physica' inconuenience but also emotional ana psg chological inconuenience. "

9. Further, the High Court of Bombay rn Prigank:.a Rahul Patil o. Rahul Ra oindra PatiP followed the prin<:iple laid down in N.C,V.Aishwangc's case (3rd cited supra) and Devika Dhiraj Patil Nee Deaika Jagprakash Buttepatil's case (46 cited supra), and held as follows:- !'The underlying pinciple gouerning the proceedings under Section 24 of the CPC, is tL,.ot conuenience of the utfe is to be prefened ouer the conuenience of the husband."

10. Thus, there are catena of decisions of the Hon'ble Supreme Court and other High Courts to the effec Lhat in matrimonial matters/ disputes, rvhile considering the application for transfer of the proceedings from one Court to another Court, the Courts must give preference to the convenience of the wife over the convenience of the hr-rsband. 3 12023 scc onLine Bom 1982) 6 TICMP.No.I95 of 1 1. The present Tr.C.M.P is filed principally on the ground that the petitoner is dependent on her parents and she has no means of income and she has to take care of her minor child who is suffering with HItr stage-Il. Therefore, it is difficult for her to travel a distance of about 1OO kms from Nalgonda District Lo Ranga Reddy District on every date of hearing along with her minor child..

12. It is also relevant to note that C.C.No.129 of 2024 is pending at Nalgonda and Lhe respondent is appearing in the said case.

13. Therefore, taking into consideration the facts and circumstances of thc case and 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 given priority/ preference over the convenience of the husband, this TT.CMP deserves to be allowe d.

14. Accordingly, this Tr.C.M.P. is ailowed and F.C.O.P.No.1265 of 2024 on the Iile of the learned Judge, Family Court, at Ranga Reddy District at L.B.Nagar, is transferred to the Court of learned Family Court Judge, at Nalgonda, Nalgonda District, in accordance with law. \ -'J!.4:ffG EE=E=r€r' . - ":Eti r a-" I r.' .r8f;4'.,. .. l' -. .:1 ,.i ,// ,//, 'I 1 LNA. J TrCt'lP.No.l95 oI2025 1 5. The learned. Judge, F amily Court, at Ra nga Reddy District at L.B.Nagar shall transmit the entire original record in F.C.O.P.No.L265 of 2024, duly indexed, to the Court of learned l.-amily CourL Judge, at Nalgonda, Nalgonda District, preferably within a period of one (1) month liom the date of receipt of a copy of this order.

16. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs SD/- MOHD.ISMAIL DEPUTY REGISTRAR I To, //TRUE COPY// secffilrrrcen

1. The Judge, Family Court, R. R. District at L.B. Nagar 2. The Family Court, Nalgonda District at Naglonda 3. One CC to Sri V. M. Krishna Reddy, Advocate [OPUC] 4. Two CD Copies VH/PSL HIGH COURT DATED: 1410712025 t ORDER TRCMP.No.195 of 2025 -- t.. ,,',,.\ '-. \r 1[ sEP zffi 'Q1J1,. .'-" I \ i'l \ \,\; ll i .,, / i -., t. \ I i ! I l i i I I i I i . I I I i I ! I ALLOWING THE TR.CMP 6 T