Telangana High Court
Boda Alias Bukiya Ranjitha vs Boda Harish Kumar on 24 July, 2024
Author: P.Sree Sudha
Bench: P.Sree Sudha
THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
Tr.C.M.P.No. 198 of 2024
ORDER:
This petition is filed by the petitioner/wife seeking to transfer F.C.O.P.No.510 of 2023 on the file of the Family Court, Hanumakonda to Family Court, Kukatpally.
2. It is the case of the petitioner/wife that the respondent/husband had filed F.C.O.P.No.510 of 2023 under Section 13(1) (ia) of the Hindu Marriage Act, seeking a decree of divorce dissolving the marriage between the petitioner/wife and the respondent/husband and the same is pending. It has been averred that the petitioner/wife is staying at her parent's house who are old aged in Nizampet, Hyderabad and therefore, she finds it difficult to travel all the way from Nizampet to Hanumakonda, to attend the Court on each and every adjournment of F.C.O.P.No.510 of 2023 filed by the respondent/husband, without the assistance of a male person. 2
3. Though the respondent/husband is served with notice, he has not chosen to enter appearance. Heard learned Counsel for the petitioner.
4. After hearing the learned Counsel for the petitioner, this Court is of the considered opinion that in respect of transfer of proceedings of a matrimonial dispute, the convenience of the wife is to be preferred over the convenience of husband, as held by the Hon'ble Apex Court in the case of Rajani Kishor Paradeshi Vs. Kishore Babulal Paradeshi 1 and Sumita singh Vs. Kumar Sanjay and another 2.
5. In view of above, this Court is of the opinion that sufficient grounds are made out on facts and in law to accept the plea of the petitioner/wife for transfer of F.C.O.P.No.510 of 2023 on the file of the learned Family Court, Hanumakonda to the learned Family Court, Kukatpally.
1 (2005) 12 SCC 237 2 AIR 2002 SC 396 3
6. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.510 of 2023 on the file of the learned Family Court, Hanumakonda, is ordered to be transferred to the Court of the learned Family Court, Kukatpally. There shall be no order as to costs.
_________________________ JUSTICE P.SREE SUDHA DATE: 24.07.2024 CHS