In N.C.V.Aishwarya v. A.S.Saravana Karthik Sha

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Transfer Civil Miscellaneous Petition and upon hearing the arguments of Sri LAXMALLA SANDEEP, Advocate for the Petitioner and none appeared for the Respondent. The Court made the following: ORDER f HON'BI,E JUSTICE LAXMI NARAYANA ATISHETTY ORDER: Tr.C.M.P.No.366 of 2O24 4 I i This Transfer Civil Miscellaneous Petition is filed by the petitioner-wife seeking rransfer of O.S.No.270 of 2024 from the file of the Principal ]udor Civil ludge at Kothagudem to the Family Court, Karimnagar or any other Court at Karimnagar

2. ln the affidavit, filed in support of present fr.C.M.P., it is averred that the marriage of the petitioner-wife was solemnized with the respondent-husband on 11.03.2012 as per rights and customs prevailing in their religion; that after marriage, the petilioner and respondent lived happily for some time and during their wedlock, they begotten lhree children; that thereafter, respondent and his family members started harassing the petitioner ohysically and mentally to brhg additional dowry; that in the y,:ar 2077, the respondent necked out the petitioner and that as no cther, petitioner left to her paren(s house; that thereafter parents ol the petitioner requested the respondent and his parents to take back the petitioner to matrimonial life, but they did not heed to their requcst and bluntly refused the sam,:

2.7. It is furthr:r averred that the petitioner filed a domestic violence case against the respondent and his familv members lirle DVC No.3 2 LNA. J T,CMP No.155 oI202a ot 2024 on the file of fFCM (PCR) at Karimnagar and tlre same is pending consideration; that during the pendency of the DVC case, respondent filed O.S.No.270 of 2024 before the Principal Junior Civil |udge at Kothagudem, seeking dissolution of marriage, with false and baseless allega tion.

2.2. It is averred that at Present, the petitioner is residing along with her parents at Karimnagar; that Kothagudern is more than 260 KMs away from Karimnagar and being a lady and mother of three childreo it is very difficult for her to attend the Court at KotJragudem for each and every adioumment and she has no means to come all the way to Kothagudem and also there is life threat to her in the hands of the respondent and therefore, she prays this Court to grant the relief sought for.

3. Heard Sli Laxmalla Sandeep, learned counsel for the petitioner' No representation on behalf of the respondent despite service of notice. Perused the material available on record.

4. Learned counsel for the petitioner submitted that due to makimonial disputes, the petitioner is residing with her Parents at Karimnagar. Ile submitted that the distance between Karimnagar to Kothagu dem is more than 260 Kms and therefore, it is very difficult Y 3 I'NA. J T{MP Na t66 of2021 for the petitioner being a lady to travel along with three children, who are aged 11, 8 and 7 years from Karimnagar to Kothagudem to attend the Court proceedings in the O.S.No.270 of 20?.4. He finally prayed to trans{er the O.S.No.No.270 ot2024 from the file of Principal Junior Civil judge, Kothagudem to the Family Court at Karimnagar

5. Admittedly, petitioner along with her children are residing with her parents at Karimnagar, which is at a distance of nearly 260 KMs from Kothagudem; that petitioner filed DVC Casr: No.3 of 2024 on the file of JFCM (PCR) at Karimnagar against the respondent and the same is pending for consideration. Whereas the respondent also filed O.S.No.270 of 2024 before the Principal Junior tlivil Judge at Kothagudem for dissolution of marriage. From the re:ord, it appears that there are matrimonial disputes between the petitioner and the respondent and cases are filed against each other an<1 are pending before different Courts at Karimnagar and Kothagudem. The apprehension of the petitioner is that there is a threat rc, her life in the hands of the respondent, if she attends the Court at K,:thagudem and it is aiso very difficult for her to havel all alone from Karimnagar to Kothlgu dem tc attend the court proceedings in O.S No.270 of 2024 and therefore, petitioner seeks transfer of said suit frorL the file of the 4 LNA. J TI{MP.No.366 of 2021 Principal ]unior Civil Judge at Kothagudem to the Family Court at Karimnagar

6. In N.C.V.Aishwarya v. A.S.Saravana Karthik Sha1, the Hort'ble Supreme Court held as under: "9. The utdinal pinciple for exercise of power under Section 24 of the Code of Civil Procedure is thnt tlu ends of justice should demand tle transfer of thc suit, nppeal or otfur proceeding. In mahimonial matters, whereoer Courts nre calLed upon to considtr the plca of trnnsfer, the C.ourts luae to tab into cortsideration the econoffiic sounilness of both llu parties, tlu social stralo of the spouses anil their behaoioural pattern, tleir standnrtl of hfe pnor to the marriage anil subxquent thereto and the ciramtslnnces of both the partics in eking out tleir liuel nod anri under tohose protectioe umbrella they are seeking tlrcir sustennnce to life. Giuen the preztailing socio- economic paradigm in the lndinn society, gencrnlly, it is tlu wife's conaenience ruhiclt nntst bc looked nl tL'lile considcing transfer."

7. The principle of law laid down by the Hon'ble Supreme Court in N.C.V.Aishwarya's case (supra), has been reiterated by the High Court of Bombay in Devika Dhiraj Patil Nee Devika fayprakash Buftepatil v. Dhirai Sunil Patit2, and observed as under:- "ln a country like Intlia, intportant tlccisions such as mariage, ditnrce are still taken rutth lhe guidance nnd ltlessitt1s of cklers in the family, For a lady to trnuel nlone for tle proteerlittgs lo n Court u'lure the fate of her maniage Is 8olt18 to be dccided roitlnut any family ngmber wottld defnitely lte n nmttur of concern nrrrl cnuse not only physical inconaenience but also entotionnl nnd psychological inanoenicnce. * 2022 SCC Online SC t199 2 IZOZ: SCC OnLine Bom 1926) 5 LNA. J Tr(-M? No 166 of202a

8. Further, the High Court of Bombay in Priyanka Rahul Patil v. Rahul Ravindra Patil3 followed the principk, laid down in N.C.V.Aishwarya's case (supra) and Devika Dhirai Patil Nee Devika fayprakash Buttepatil's case (supra), held as follows:- "Tlu underlying pnncipb gooerning thc procced.rngs under Section 24 of thz CPC, is that cont;enience of the t,ile is to be preferrerl ooer the conztenience of the husband." 9 Thus, there are catena of decisions of the H,rn'ble Supreme Court and other High Courts to the effect that in matrimonial ma tters/ disputr:s. u,hile considering the application for transfer of the proceedings from one Court to another Court, tlrr: Courts must prefer the convenience of the wife over the convenience of the husband.

10. ln the present, case, a perusal of the record discloses that the petitioner is seeking transfer of the O.S.No.Z7O of ZA24 filed by the rcsponclent frorn the file of the Principal Junior Civil Judge at Kothagudm to lhe Family Court at Karimnagar, on the ground that she is apprehending assault by her husband if she comes to Kothagudm, to attend Court proceedi.gs ir, O.S.No.270 of 2024 and that she alone cannot travel from Karimnagar to Koth.tgudem, which is at a distance of about 260 KMs. r 12OZ: SCC OnLine Bcm 1982) : I I ! I I I I I 6 LNA.J It{MP No t66 oI202t

17. Therefore, in the facts and circumstances of the case and in the light of the principle laid down in the aforesaid decisions, this Court is inclined to accede to the request of the petitioner-wife seeking transfer of the case.

12. Accordingly, this Tr.C.M.P. is allowed and O.S.No.270 of 2024 pending on the file of the Principal Junior Civil Judge at Kothagudem is withdrawn and transferred to the file of the Family Court, Karimnagar, for disposal in accordance with law

13. The learned Principal Junior Civil Judge, Kothagudem, shall transmit the entire original record in O.S.No.270 of 2024 duly indexed; to the Family Court, Karimnagar, within a period of one month ftom the date of receipt of a copy of this order. There shall be no order as to costs

14. Pending miscellaneous applications, if any, shall stand closed Sd,. A. SRINIVASA REODY ASSISTANT REGISTRAR /ffRUE COPY// SECTION OFFICER To,

1. The Princioal Junior Civil Judge at Kothagudem 2. The Judod. Familv Court, Karimnagar s. on" CCio'SRl. dfXuelU SANDEEP Advocate [oPUC] 4. Two CD Copies l pkAIsk w i I I i HIGH COURT DATED: 1110212025 ( * 'tHE S14 rt-' 1t APfl 2W 9n/lTCH g_D + 2 c .l {+ ORDER TRCMP.No.366 ot 2024 TRANSFER CIVIL MISCELLANEOUS PETITION !S ALLOWED G.cp''u w {'---q1rr