High Court · 2025

NOURABLE SRI JUSTICE LAXMI NARAYANA ALISHE lsc .PETITI ON NO: TRANS. clvILM F2 o25 81 0 1 THE HO Between: [ 3383 I TTY BH^?il,"t#[it.35!'jH""fi:llil?:?:l'e'],1.Y:: ANO il:;fi:;iil,J,',1.19iitiltfr :-',%?;{#"'.1rutffi;liii':3:f,i' ...ResPondent Petition Under Section 24 of the C f 9 It'I'1t that in the circumstances ,t,t"o'in-tnJ',tr,J,"ittr'oiri":"::l:[*:l:r";frf :lt":+ff XiltiSl#ii* rr'cMP bv withdrawing llllJ;Ir,"rLanl] rr,rll"'n'r Malkajgir District at-Malkajsiri and the same is trrn.r"I"lo' jril" Fr.irv couit, s""ngrreddy District at District J udge-cum-Fam tlY Sangareddy for proper oitio"i oi tr'J ""t in ihe interest of justice' lA NO: 1 OF 2025 petition under section 1b1 cpc praying. that in the circumstances stated in the affidavit tireo in supior,'Ji,n. i"[ii['", in" n,r,h court mav be pleased to stav alr further proceeoinfi. ,n"ruoing personar. ,pplrrrn". of the Petitioner in ". ini'tite ot tne-Frincioal District Judge-cum- the F.C.O.p. No.1087 "f Family court Judge, MeOclnrirrr.irrigi. District at Malkajgiri pending disposal of TR.CMP. 'Zifi+ Counsel for the Petitioner: SRI PALLE SRIHARINATH Counsel for the Respondent: SRI K'RAMACHANDRA The Court made the following: ORDER F HON,BLE SRI JUSTICE LAXMI NARAYANA AIISH ETTY Tr. c.M.P. No 181 of 2025 oRDER: This Traasfer ( ,J:' ,".::-:; District at MaJkajgiri .*" Saagareddy. # ffi-;,I'1,." is filed seeking court Judse ;-l:1";;l o the Family court' Saagareddy District at

2. Heard Sri p.Sriharinath, Sri K.Ramachandra, learned counsel for the responclent. learned counsel for petitioner and 3 affidavit filed in The brief facts of the case, shorn_off unnecessary details, required for adjudication of this Tr.C.M.p., as averred in the support of the Tr.C.M.p., are that petitioner and wife ald husband ard their marriage respondent are performed on 04.04.2024, as per the customs prevaiting in Hindu Community. Immediately, after marriage, the petitioner joined the matrimonial house of respondent; that thereafter the respondent and his family members started harassing the petitioner physically and mentally for additional dowry; that the respondent beat the petitioner and necked out the petitioner from the matrimonial home in the month of September; that since then the 2 petitioner is staying along with her parents at Salgareddy; that the respondent filed FCOP'No'1087 of 2024 for Restitution of conjugal Rights before the Principal District Judge-cum-Family Court, Medchal Malkajgiri District at Malkaj giri' It is averred that the petitioner has no independent income and she is dependent on her parents' therefore' she cannot travel' alone' from Sangareddy to Medchal Malkajgiri' which is about a distance of 60 kms. on every date of hearing, hence, present Tr'cMp' is filed ' 4. Learned Counsel for the petitioner apart from reiterating the averments made in the affidavit submitted that the petitioner is staying along with her parents at Sangareddy' and she cannot travel from Sangareddy to Medchal Malkaj giri on each date of hearing in FCOP'No'1087 of 2024' lhlus' prayed to allow the Tr.CMP.

5. Per contra, learned counsel for the respondent would submit that except saJnng that the petitioner has no independent income and she is residing along with her parents' at Sangareddy' no other grounds are raised by the petitioner for transfer of OP from Sangareddy to Medchal-Malkajgiri District' He further submits that respondent is ready and willing to bear the expenses to be incuced by the petitioner for attending hearing at Medchal- , ,./ :-:Sry , 3 e Malkajgiri in FCOp.No. 7087 of 2024. Hefinally contended that Tr.CMp is devoid of merits and is liabie to be dismissed. 6. This Court has given eamest consideration to th submissions made by both the counsel and perused the record. 7. perusa_l of record would disclose that the Tr.CMp is filed principally on the ground that the petitioner is residing with her pa_rents at Sangareddy; that she has no independent income and she is dependent on her parents. F.urther, the distance between Sarrgareddy to Medcha,l_Malkqjgiri is 60 kms.; that it would be quite difficult for her to travel ail the way from Salgareddy to Medchal Matkajgiri' to attend the court proceedings on each date of hearing in FCOp.No.1OB7 of 2024; and except the aforesaid grounds no other grounds are raised. 8 The specific case of the respondent is that the respondent rs ready and willing to bear the travelling expenses of petitioner to attend the Court at Adilabad; arrd that the grounds raised by the petitioner that she is residing with her parents at Sangareddy and is unable to travel from Sangareddy to Medchal Malkajgiri, do not constitute valid gror.rnds for transfer of FCOP.No.lO87 ol2024. 4 g . The Hon'ble Sup' :r'r'e Cor-rrt in Anindita Das vs' Srijit pa5r, filed by the petitioner therein/wife' has dismissed directing the resPondent therein/ husband to paY all travel and stay expenses of the petitioner and her companion for every visit when she is required to attend the Court at Delhi'

10. This Court in Tr'CMP'No'809 of 2016 and batch' which rvere filed by the petitioners/wives therein' were dismissed bY iearned single Judge of erstwhile High Court of Andhra Pradesh' vide common order dated 06'12'2ola . In the said common order' down certain guidelines to the learned single Judge has laid exercise the power under Section 24 CPC in matrimonial cases and further, held that the cases of the petitioners/wives therein does not fall in anY of the said gr.ridelines and also the guidelines of the Hon'ble Supreme Court in Kulwinder Kaur @'Kuluinder Gurchoran Singh Vs' Kandi Friends E;ducoltTon Trust and otherlo and accordingly, rejected the prayer of the petitioners /wives therein seeking transfer of the cases' 1 1. In the light of the a-foresaid Judgment of the Honourable Supreme Court and the orders of this Court in Tr'CMP'No'8O9 of 2016 atd' batch, this Court is of the considered view that the ' zooo (gl spc i97 ' 2oo8(3) scc 659 '7 5 Tr.CMp cannot be entertained on mere asking without there being arty valid and sufficient ground. Ih the present case except saying that the petitioner is residing at Sarrgareddy with her parents and is unable to travel such long distance (60 kms.) from Sangareddy to Medcha-l Maikajgiri, no other grounds are raised. Therefore, in considered opinion of this court the petitioner has fa,ed to make out a case for transfer of FCOp.No. IOBT of 2024. 12. In the iight of above circumstances, this Court is of the considered view that the Tr.CMp car be disposed of with the following directions: - 1n g expenses of i) Respondent shail reimburse actual travellin the petitioner whenever she personally appears FCOP.No. iOBT of 2024, pending on the file of Principa-l District Judge-cum_Family Court Judge, Medchal Malkajgiri District at Malkajgiri. ii) The learned principal District Judge_cum_Family Court Judge, Medchal Malkajgiri District, is directed not to insist for the appearance of the petitioner on each and every date of adjournment, except the date on which her presence is requfued for adjudication of the matter. 6 above observation' ttre present Tr'CMP is disposed

13. With the of. No costs' Pending miscellaneous apPlication s ' if arrY, shall stand closed so,- . OSMAN ALI BAIG SSI TANT REGISTRA ,/TRUE COPY'I \ SECTI ON OFFICER To,

1.7he Principal District Judge-cum-Family Court Judge' Malkaigiri Distriat at 2 n 4 Hrlti, n 3ll lfl*lifi:'xi,'lrii\,1""x1?tB?"?i . Two CD CoPies NVB/gh My l l HIGH COURT DATED:18 tOT]ZO2S | \\a- J,AIA o

1.. 10 sEP 2025 . .) \l. \_ \ ORDER TRCMP.No.1B1 of 2O2S DISPOSING THE TR.CMP. WTHOUT COSTS U 0,> q,