In N.C.V.Aishwarya v. A.S.Saravana 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 grant stay of all further proceedings in HMOP No. 81 of 2024 pending on the file of the Court of the Senior Civil Judge at Mahabubabad, pending disposal of Tr. CMP. Counsel for the Petitioner:SRl. KRISHNA KISHORE KOWURI Counsel for the Respondent: The Court made the following: ORDER HON'BLE JUSTICE LAXMI NARAYANA ALISHETTY ORDER: Tr.C.M.P.No.S 47 of 2024 This Transfe L Civil Miscellaneous Petition is filed seeking transfer of HMOI' No.81 of 2024 frorn the file of the Senior Civil Judge at MahabtLba bad to the Famiiy Court, Khammanr

2. As per the averments made in the affidavit filed in support of present Tr.C.M.P., it is averred that the marriage of the petitioner- wife was solemnized with the respondent-husband on 05.08.2020 as per Hindu rites and customs; that immediately after the marriage, petitioner joined the marital fold of respondent at Yousufguda, Hyderabad, as tire respondent was working as A.R.C,rnstable; that respondent usecl to prepare for examination by tak.ing different rooms at Dilsukhnagar and under tlrose . circumstances and aiso for undergoing gyno riurgerv, peLitioner went to her parents house, where she met with an accident on 24.06.2023; that respondent did not even visit he.t' ;rnd taking advantage of her absencr:, respondent vacated the house: at Hvderabad; that peiitioner went to her matrimonial holrse at Kulavi, where the parents of the respondent are residing, hor'vever, she rvas necked out from the matrimonial house by taking sih er and gold ornaments from her. 2 LNA, J Td:M?-No 511of2021

3. It is further averred that subsequently, petitioner filed Maintenance Case uide M.C.No.14 o12024 on the file of Family Court, Khammam and the same is pending. Thereafter, petitioner also filed DVC case before the I Additional Judicial Magishate of First Class at Khammam and the same is pending. In the meanwhile, respondent filed HMOP No.81 of 2024 beforc the Senior Civil Judge at Mahabubabad for restitution of conjugal rights and the petitioner attended the counseling before the said Court and expressed her willingness to join the matrimonial house, however, the respondent did not show any interest to take back the petitioner to the matrimonial house, though he filed HMOP. It is further averred that father of the petitioner expired recently and she is taking shelter with her old aged mother, who is suffering with several ailments and there is no other male member to support her and further contended that the distance between Mahabubabad and Khammam is 150 KMs. 4 It is further averred that petitioner is apprehending threat in the hands of the respondent in the event of attending the Court at Mahabubabad and in fact, the respondent and his mother beat her during the counseling at Family Court, Khamrnam in connection with Maintenance Case and she also lodged a complaint with the Police, II Town Police Station, Khammam, however, at the request of t , f

1. '-ad Etr,3y ,/ ,: 3 LNA, J TttMP No-511 ol2421 the respondent that he will lose the job, she has rvithdrawn the complaint. in those circumstances, petitioner seeks tratrsfer of HMOP No.81 of 2024 from the file of Senior Civil Court, Mahabubabad to the Family Court, Kha nrnram.

5. Heard Sri Kr"ishna Kishore Kovvuri, Iearned cc,unsel for the petitioner. No replesentation on behalf of the resprtr"rdent despite service of notice. Therefore, the averments of the petitic'ner remained uncontroverted. Pelused the material avaiiable on record

6. Learned counsel for the petitioner submitterl that due to matrimonial dispul.es, the petitioner is residing with her mother at Khammam. He submitted that the distance between M.ahabubabad to Kothagudem is more than 150 Kms and therefore, it:.s very difficult for the petitiorrer being ladv to travel from llhammam to a Mahabubabad to attend the Court proceedings irr FI\4OP No.81 of

2024. He further submitted that there is a threat to tlrr: petitioner in the hands of the respondent in the event of attencling Court at Mahabubabad. Further, petitioner has no means to maintain herself and her father expired recently and, therefore, he finally prayed to transfer the HMOP No.81 of 2024 frorn the file of Senior Civil Judge, Mahabubabad to the Familv Court at Khammam. r

7. The underlying principle governing the proceedings under 4 T|I:MP No 511 ol202t Section 24 of the CPC, seeking Lransfer of the case, appeal or other proceedings, is enunciated by the Hon'ble Apex Court in catena of judgments and the same was followed by various High Courts

8. In N.C.V.Aishwarya v. A.S.Saravana Karthik Sha1, the Hon'ble Supreme Court held as under: "f "9. The cardinal principle for erercise of pou,er tmder Section 24 of the Code of Ciail Procedure is tlnt tle ends of justice should demand the the suit, appeal or otlrcr proceeding. ln transfer matimoniaL matters, zoherercr Courts nre called upon to consider the plea of transfer, the Courts lnoe to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behnaioural pattern, their standard of life prior to the mariage and subsequent thereto nnd the circumstances of both the parties in eking out their liaelihood and under a)hose protectiTe umbrella they are seeking their sustenance to life. Gizten the prezLailing socio- economic paradigm in tlu lndian society, generally, it is the zoife's conztenience uhich must be looked nt zrthile consideing transfer."

9. 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 |ayprakash Buttepatil v. Dhiraj Sunil Patil2, and observed as under:- "ln a country like lndiq important rlecisions such as mariage, diaorce are still taken utith tht guidance and blessings of elfurs in the family. For a lady to traael alone for the proceedings to a Court where the fate of her marriage is going to be d.ecided uithout any family member would defnitely be n matter of concern and cause not only I 2022 scc bnline sC 1199 2 (2023 sccbnLine Bom 1926) \ ii.!ll!:'+ 5 I,NA. J l,{M11,\o 511 of 2421 pltysical ineonuenience hrtt also cmotional and pstlchological tnconpettiettce .

10. Further, the High Court of Bombay in Priyankir Rahul Patil v. Rahul Ravindra Patil3 followed the principle laid down in N.C.V.Aishwarya's case (supra) and Devika Dhirlj Patil Nee Devika Jayprakash Buttepatil's case (supra), held as follows:- "The undtrhting prirciple gouerning the proceedi'gs under Sectiort 21 o.f tlrc CPC, is thnt corntenience of the utife is to be pre.ferred it'er the conuenience of tlrc lrusband." 11 Thus, there ,rre ca tena of decisions of the Hon'ble Supreme Court and other High Courts to the effect that in matrimonial matters/ disputes, .arhile considering the application for transfer of the proceedings from one Court to another Court, ttre' Courts must prefer the convenrence of the wifc over the converrience of the husbancl

12. [n the present. case, a perusal of the record disc'loses that the petitioner is seeking transfer of the }JMOP No.81 of 2t)ll4 filed by the respondent from the file of the Senior Civil Judge at Mahabubabad to the Family Courl at Khammam, on the ground that she is apprehending assarrlt by her husband if she comes to I\4ahabubabad, to attend Court proceedirrgs in HMOP No.81 of 2024 and that she alone canry*travel from Kharnmam to Mahabubaba<l, which is at a r lzoz: scc onLine Bom 1982) 6 distance of about 150 KMs., and she has no means to maintain LNA, J TTCMP-No.5al oI202a a herself.

13. In view of the underlying 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. Further, as admittedly, two cases filed by the petitioner are pending at the Courts of Khammam, it would be just and appropriate if all the cases between the parties are tried by the Courts at the same station which would be feasible and convenient for the parties to pursue all the cases effectively L4. 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

15. Accordingly, this Tr.C.M.P. is allowed and HMOP No.81 of 2024pendtng on the file of the Senior Civil Judge at Mahabubabad is withdrawn and transferred to the file of the Family Court, Khammam, for disposal in accordance with law. I I I : 1 LNA. J Tn:^l? No.51l o12021 -16. The learned Senior Civil ludge, Mahabubabad, shall transmit the entire origirral record in HMOP No.81 of 2024 duly indexed, to the Family Court, Khammam, within a period of one month from the date of receipt of ii i:opy of this order. There shall be no order as to Pending miscellaneous applications, if any, shall stand closed Sd/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// To,

1. The Senior Civil Judge at lt/ahabubabad. 2. The Family Court, Khammam. 3 One CC to SRI KRISHNA KISHORE KOWURI Advocate [OPUC] 4. Two CD Copies. SECTION OFFICER PM/kam w HIGH COURT DArED:2510212O25 ORDER TRCMP.No.541 of 2024 o i |tE S I/t ( 'J o o t 1 ti APB 2025 z o A t algrar"*Eg { , ALLOWING THE TRANSFER CIVIL MISCELLANEOUS PETIIION (t a(