Telangana High Court
Smt. Lingampelly Ramya vs Lingampelly Prashanth Kumar on 23 January, 2020
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Transfer Civil Miscellaneous Petition No.192 of 2019 ORDER:
This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/wife, requesting to withdraw H.M.O.P.No.28 of 2019 from the Court of Senior Civil Judge, Adilabad, and transfer the same to the Court of Senior Civil Judge, Nizamabad or to the Family Court, Nizamabad, for trial and disposal, in accordance with law.
2. Heard the learned counsel for both the sides and perused the record.
3. The learned counsel for the petitioner/wife would submit that marriage between the petitioner/wife and the respondent/husband took place on 03.06.2013. During their wedlock, the couple are blessed with two male children. The elder son is dumb. Subsequently, disputes arose between the couple and the petitioner/wife was necked out from the matrimonial house by the respondent/husband and his family members, demanding additional dowry. Unable to bear the harassment of the respondent/husband, the petitioner/wife lodged a report with the Mahila Police Station, Nizamabad, for the offences punishable under Section 498A of IPC and Section 4 of the Dowry Prohibition Act, 1961 (Crime No.42 of 2019). The 2 Dr.SA, J Tr.CMP.No192/2019 petitioner/wife also filed M.C.No.34 of 2019 for grant of maintenance and O.P.No.105 of 2019 for restitution of conjugal rights, before the Family Court, Nizamabad. As a counter blast, the respondent/husband filed the subject H.M.O.P.No.28 of 2019 before the Senior Civil Judge, Adilabad, seeking divorce. The petitioner/wife is now residing at her parents' house at Nizamabad. The distance between Nizamabad and Adilabad is around 150 kilometres and it will be difficult for her to travel from Nizamabad to Warangal, along with two minor children, to attend the proceedings in the Court at Adilabad and ultimately prayed to withdraw H.M.O.P.No.28 of 2019 from the Court of Senior Civil Judge, Adilabad and transfer the same to the Court of Senior Civil Judge, Nizamabad or to the Family Court, Nizamabd, which is convenient to her.
4. On the other hand, the learned counsel for the respondent/husband would contend that the respondent/husband is a resident of Adilabad. The petitioner/wife left the company of the respondent/husband on her own. In spite of several efforts to bring her back, the petitioner/wife did not change her attitude and bluntly refused to join the company of the respondent/husband. Vexed with the attitude of the petitioner/wife, the respondent/husband filed the subject H.M.O.P.No.28 of 2019 on the file of Senior Civil Judge, Adilabad, seeking divorce. There are no grounds to grant the relief claimed by 3 Dr.SA, J Tr.CMP.No192/2019 the petitioner/wife in this Transfer Civil Miscellaneous Petition and ultimately prayed to dismiss the Transfer Civil Miscellaneous Petition.
5. The material placed on record reveals that the respondent/husband has filed the subject H.M.O.P.No.28 of 2019 on the file of Senior Civil Judge, Adilabad, under Section 13(1) of the Hindu Marriage Act, 1955, against the petitioner/wife, seeking divorce and the petitioner/wife filed a Maintenance Case and an O.P. for restitution of conjugal rights against the respondent/husband before the Family Court, Nizamabad, besides lodging a complaint under Section 498A of IPC and Section 4 of the Dowry Prohibition Act, 1961, with the Mahila Police Station Nizamabad, which was registered as Crime No.42/2019. The petitioner/wife contended that she is now residing at her parents' house at Nizamabad and she has no source of income and that her elder son is dumb. The petitioner/wife has got two children and she has to travel around 150 kilometres from Nizamabad to Adilabad, along with the two children or leaving them at home. In both the circumstances, it causes hardship and inconvenience to the petitioner/wife. It is relevant to state that Section 19 of the Hindu Marriage Act, 1955, has been amended in the year 2003, by insertion of proviso (iii)(a). The amended Section 19(iii)(a) of the Act gives special preference to the wife to file a petition and prosecute the same, before the Court within whose 4 Dr.SA, J Tr.CMP.No192/2019 jurisdiction she resides. Law is well settled that in the cases of this nature, convenience of the wife is of paramount importance. The petitioner/wife is residing at Nizamabad, and certainly, her attendance before the Court at Adilabad causes inconvenience to her. She has to travel from Nizamabad to Adilabad, i.e., around 150 kilometres. Though small inconvenience may be caused to the respondent/husband in attending the Court at Nizamabad, the convenience of the wife should be preferred and shall prevail over the inconvenience, if any, which may be caused to the husband. Accordingly, this Court finds that sufficient cause is shown by the petitioner/wife for granting the relief claimed by her in this petition.
6. In the result, this Transfer Civil Miscellaneous Petition is allowed and H.M.O.P.No.28 of 2019 is withdrawn from the File of Senior Civil Judge, Adilabad, and transferred to the Family Court at Nizamabad, for trial and disposal, in accordance with law.
Miscellaneous petitions, if any, pending in this Transfer CMP, shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J 23rd January, 2020 Bvv