Priyanka Rahul Patit v. Rahul Ravintlra Palilt, in NCV Aishwarya vs A.S.Soravana Karthik Sha

' 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 pass orders to stay all further proceedings in O.P.No. 135 of 2023 on the file of the court of Honourable Senior Civil Judge at Jangaon, pending disposal of main Tr.C.M.P. lA NO: 1 OF 2025 Between: Boga Swapna @ Samala Swapna, D/o Boga Sudhakar, w/o S. Srivardhan, aged about 40 years, Occ.School Assistant Zilla Parishad Secondary School, Jankapur village, Mandal Asifabad, District Komarambheem Asifabad, r/o H No.2-67, Nama Nagar, Vallakonda Grampanchayath, Kagaznagar Mandal, District Komarambheem Asifabad. ... Petitioner/Res p o n de nt AND Samala Srivardhan, S/o late Sri S. Rajeshwar, aged about 48 occ.Government Teacher, T.G. Model School, Village Lingapur, Dhandepally, District Mancherial, r/o H.No.1-14-S57, Dwarakanagar Kagaznagar town, District Komarambheem Asifabad years, Mandal colony, Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cburt may be pleased to vacate the interim orders dated 0510212026 in lA No.1 of 2024 in TRCMp No.263 of 2024 .. RespondenUPetitioner Counsel for the Petitioner: Sri S. Chandrasekhar Counsel for the Respondent: Sri Narendar Jalli The Court made the following: ORDER HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY TRANSFER CIVIL MISCELLANEOUS PETITION No.263 of 2024 ORDER: This Transfer Civil Miscellaneous Petition is filed seeking to transfer OP.No.l35 of 2023 from the Court of the Senior Civil Judge, at Jangaon, to the Courl ofSenior Civil Judge, at Asifabad.

2. I{eard Sri S.Chandra Sekhar, learned counsel for petitioner, and Sri Narendar Jalli, learned counsel for the respondent.

3. The petitioner is the husband and the respondent is the wife of the petitioner.

4. The brief facts of the case, shorn of unnecessary details required for adjudication of this Tr.C.M.P., are that the petitioner, in his affidavit hled in support of the TL.C.M.P., avered that his marriage with the respondent was solemnized on 3l .12.2018 as per Hindu rites and customs; that subsequently, certain disputes arose between them; that the respondent filed a criminal case against him, his mother, and sister under Section 498-4 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, vide C.C.No.995 of 2020 on the file of the Judicial Magistrate of First Class, Sirpur, K&naram Bheem-Asifabad District; and that the respondent also 2 LNA, J T.CMP.No.263 of 2024 filed O.P.No.135 of 2023 on the file of thc Senior Civil Judge at Jangaon, seeking divorce.

5. It is further averred that the petitioner is working as a Government Teacher at T.G. Model Schoot, tingupr. Viltage, Dandepally Mandal, Komaram Bheem_Asifabacl District. The petitioner's native place is Kagaznagar town in Komaram Bheem_ Asifabad District. The respondent is also working as a School Assistant at Zilla parishad High Schoot, Murhampet, Kautala Mandal, Komaram Bheem-Asifabad District, however, the respondent by falsely mentioning that she is residing with her parents at Jangaon filed the Op against the petitioner at Jangaon. It was further stated that as per the information obtained by him under Right to Information Act frorn the Municipal Cornmissioner, Jangaon, he came to know that House No. l_3_76, which is said to be the alleged house address of the respondent, is not situated in Gundla Gadda area of Jangaon town. Therefore, Op.No.135 of 2023 fied by the respondent showing her residential address as H.No.1-3-76, Gundla Gadda, Jangaon town, is clear abuse of process of law and as such, he prayed to transfer the afbresaid Op. J LNA, J TtCMP.No.2fi of 2024

6. Learned counsel for the petitioner, apafi from reiterating the averments made in the affidavit, submitted that the respondent is appearing in the aforesaid C.C. pending before the Court of the Judicial First Class Magistrate at Sirpur, Komaram Bheem Asifabad District. He turther submitted that even in the counter- affidavit filed by the respondent in the present Tr.C.M.P., it is clearly mentioned that she is rvorking as School Assistant at Zllla Parishad Secondary School, Jankapur Viltage, Asifabad Mandal, Komarambheem-Asifabad District, which clearly demonstrates that the OP hled by her at Jangaon, is nothing but rnisrepresentation and playing fraud on the Court by mentioning wrong address and hence, prayed to allon, the Tr.C.M.P. by irnposing costs on the respondent

7. On the other hand, learned counsel for respondent submitted that the respondent is residing with her parents at Jangaon and she is attending School evcry altemate date at Jankapur Village. He further contended that in the aloresaid OP., the evidence of the respondent ts completed and the same is coming up for the evidence of the petitioner and therefore, no prejudice will be caused to the petitioner if the proceedings in the OP are continued 4 LNA, J TrCMP.No.263 of 2024 in the Court at Jangaon and accordingly, prayed to dismiss the Tr.C.M.P.

8. This Court gave its earnest consideration to the submissions made by learned counsei for both parlies. perused the material available on record.

9. Perusal of record, particularly, the swom counter-affidavit of the respondent filed in the present Tr.C.M.p. would disclose that the respondent is working as School Assistant at Zilla parishad Secondary School, Jankapur Village, Asifabad Mandal, Komarambheem-Asifabad District and is residing at H.No.2-67, Nama Nagar, Vallakonda Gram Panchayat, Kagaznagar Mandal, Komarambheem-Asifabad District. Thus, the record shows that both the petitioner and the respondent reside and work in Komarambheem-Asifabad District.

10. It is pertinent to note that in the instant case, admittedly, the petitioner has been appearing before the J.F.C.M., Sirpur, C.C.No.995 of 2020.

11. As regards the underlying principle regarding transfer of cases under Section 24 of CPC, there are catena of judgments of the Hon'ble Supreme Court and different High Couts, i.e., 5 LNA, J TrCMP.No.263 of 2024 Priyanka Rahul Patit v. Rahul Ravintlra Palilt, in NCV Aishwarya Vs. A.S.Soravana Karthik Sha2 and, Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil v. Dhiraj Sunil Patil3, to the effect that in matrimonial matters/disputes, while considering the application for transfer of the proceedings frorn one Courl to another Court, the Courts must give pref'erence to the convenience of the wife over the convenience ofthe husband .

12. With great respect to the atbresaid judgments, this Court is in complete agreement with the principle laid down in the said judgments. However, the present TrCMP is altogether filed in a different context by the petitioner/huiband, where both the petitionerlhusband and respondent/wife are admittedly wolking in the same District i.e., Kornarambheem-Asifabad District. Therefore, even if the convenience of tl-re respondenl/wife is given preference, no prejudice would be caused to her if the OP pending in the Court at Jangaon is transfered to the Court at Asifabad, as sought for in this TTCMP.

13. Therefore, having regard to the peculiar facts and circumstances of the case and for the foregoing reasons, this Court ' 12023 SCC OnLine Bom 1982) ' 2022 SCC Online SC 1199 lizoz: scc onLine Bom 1926) I 6 LryA, J TiCMP.No.263 of 2024 .t! hnds that the grounds urged by the petitioner seeking transfer of the OP are justifiable and therefore, this TrCMP deserves to be allowed.

14. Before parling with the case, this Court takes note of the fact that the inforrnation received by the petitioner under the R'lI Act from the officials concemed falsifies the stand of the respondent in the OP that she was residing at H.No.1-3-76, Gundla Gadda, Jangaon Town and District, since the said House Number does not exist. Therefore, it is clear that the respondent has tlled the OP by misrepresenting that she is residing with her parents at Jangaon. It is also further relevant to note that the respondent being a teacher is supposed to attend school every day and has to stay in the same village of her posting and as such, the asseftion of thc respondent that she is residing with her parents at Jangaon IS utterlv a lalsehood and the rranner in which the OP rvas filed by the respondent amounts to gross abuse of process of law. The respondent has also not placed any material on record to show that her parents residing at Jangaon. Hence, for the misrepresentation and abuse of process of law, this Court heavily cdnqs upon the respondent with imposition of costs of Rs. 10,000/- , I 1 LNA, J TrCMP.No.263 of 2021

15. Accordingly, this Tr.C.M.P. is allowed and OP.No.135 of 2023 on the file ofthe Senior Civil Judge at Jangaon, is transferred to the Court of Senior Civil Judge at Asifabad, for disposal in accordance with law. The respondent is saddled with costs of Rs.10,000/- (Rupees Ten thousand only) payable to the petitioner

16. The Senior Civil Judge at Jangaon, shall transmit the entire original record in OP.No.l35 of 2023, duly indexed, to the Senior Civil Judge at Asifabad, preferably within a period of one month liom the date of receipt of a copy of this order

17. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.' SD/- AHMED ABDULLAH KHAN AS ISTANTREGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Senior Civil Judge at Jangaon 2 The Senior Civil Judge at Asifabad 3. One CC to Sri S. Chandrasekhar Advocate IOPUC] 4. One CC to Sri Narendar Jalli, Advocate IOPUCI 5. Two CD Copies Kam,?SL HIGH COURT DATED:1610612025 * 4 I ,, * (: gF t tr(4 e 2 s s +o r! ORDER TRCMP.N o.263 of 2024 c ,tc lH* ALLOWING THE TRCMP I 44 // /v //_