Telangana High Court
Vadde Prathyusha vs Nagireddy Karthik on 19 August, 2020
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
Transfer Civil Miscellaneous Petition No.275 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 F.C.O.P.No.1348 of 2019 from the file of Family Court, Ranga Reddy District, at L.B.Nagar, and transfer the same to the Senior Civil Judge's Court, Nalgonda, for trial and disposal, in accordance with law.
2. Heard the learned counsel for both sides and perused the record.
3. The learned counsel for the petitioner/wife would submit that the marriage between the petitioner/wife and the respondent/husband was performed on 17.12.2016 in Sri Srinivasa Garden Function Hall at Nakrekal Village. At the time of marriage, parents of the petitioner gave an amount of Rs.25 lakhs and 60 tolas of gold, 3 kgs of silver and other household articles worth about Rs.1 lakh towards dowry. The respondent/husband is presently residing at USA and he is being represented by his General Power of Attorney Holder i.e., his father. After the marriage, though the petitioner/wife joined the company of the respondent/husband at Columbus, she returned to India due to the unbearable harassment of the respondent/ husband and started living with her parents at Nakrekal Village, Nalgonda District. Unable to bear the harassment of the respondent/husband, the petitioner/wife filed H.M.O.P.No.17 of 2 Dr.SA, J Tr. CMP No.275/2019 2019 before the Senior Civil Judge's Court, at Nalgonda, under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage. After receiving the summons in the said H.M.O.P., only to harass the petitioner/wife, the respondent/ husband filed the subject F.C.O.P.No.1348 of 2019 before the Family Court, Ranga Reddy District, at L.B. Nagar, through his General Power of Attorney, i.e., his father. The distance between Nakrekal Village and Hyderabad is about 110 kilometres. The father of the petitioner/wife is suffering from old age ailments. It is difficult for her to travel from Nakrekal to Hyderabad, without male assistance, to defend the subject F.C.O.P.No.1348 of 2019 on the file of the Family Court, Ranga Reddy District, at L.B. Nagar. It is also contended that as the issue involved in both the O.Ps is similar, to avoid inconsistency and for better appreciation of the facts of the case, both the OPs are required to be disposed of by one Court. The respondent/husband is now residing at USA and he is being represented by his General Power of Attorney Holder, i.e., his father. Hence, no prejudice or inconvenience would be caused to the respondent/husband if the subject FCOP is withdrawn from the file of Family Court, Ranga Reddy District, at L.B. Nagar and transferred to the file of Senior Civil Judge's Court, Nalgonda and ultimately prayed to allow the Transfer Civil Miscellaneous Petition as prayed for.
4. On the other hand, learned counsel for the respondent/ husband contended that both the O.Ps are required to be dealt with by one of the Court. It will be convenient for both parties if the HMOP No.17 of 2019 filed by the petitioner/wife before the 3 Dr.SA, J Tr. CMP No.275/2019 Senior Civil Judge's Court at Nalgonda, is transferred to the file of Family Court, Ranga Reddy District, at L.B.Nagar, for trial and disposal along with FCOP No.1348 of 2019 and ultimately prayed to dismiss the transfer petition.
5. In view of the above submissions, the point that arises for determination is:
"Whether the subject F.C.O.P.No.1348 of 2019 pending on the file of the Family Court, Ranga Reddy District, at L.B. Nagar, can be withdrawn and transferred to the file of Senior Civil Judge's Court, Nalgonda, or any other Court?"
6. POINT: The material placed on record reveals that the respondent/husband filed the subject F.C.O.P.No.1348 of 2019 before the Family Court, Ranga Reddy District, at L.B. Nagar under Section 9 of Hindu Marriage Act, seeking restitution of conjugal rights, through his General Power of Attorney, i.e., his father. The petitioner/wife filed H.M.O.P.No.17 of 2019 before the Senior Civil Judge's Court at Nalgonda under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage. The petitioner/wife is residing with her parents at their house at Nakrekal. She has to travel about 110 kilometres from Nakrekal to Ranga Reddy District to attend the proceedings in the subject F.C.O.P.No.1348 of 2019 at Family Court, Ranga Reddy District, at L.B. Nagar, which causes hardship and inconvenience to her. Moreover, the respondent/ husband is being represented by his General Power of Attorney Holder, i.e., his father. There is no personal attendance of the 4 Dr.SA, J Tr. CMP No.275/2019 respondent/husband in the subject F.C.O.P.No.1348 of 2019. Under these circumstances, 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 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 Nakrekal and certainly, her attendance before the Court at Ranga Reddy District causes inconvenience to her. Furthermore, the contentions and defences set up by both the parties in both the OPs are similar. The points emerging for determination in both the OPs are also similar. To avoid inconsistency and conflicting decisions, both the OPs are required to be adjudicated by one Court. Since the respondent/husband is working in USA and residing therein and he is being represented by his father, no inconvenience would be caused to him, if the request of the petitioner/wife is considered. Since the subject matter of both the OPs relate to matrimonial dispute, it would be appropriate if both the OPs are adjudicated and determined by one Court, i.e., Family Court, at Nalgonda. Under these circumstances, this Court finds that sufficient cause is shown by the petitioner/wife for granting the relief claimed by her in this petition.
7. In the result, this Transfer Civil Miscellaneous Petition is allowed and F.C.O.P.No.1348 of 2019 pending on the file of Family Court, Ranga Reddy District, at L.B.Nagar, and 5 Dr.SA, J Tr. CMP No.275/2019 H.M.O.P.No.17 of 2019 pending on the file of Senior Civil Judge's Court, at Nalgonda, are withdrawn and transferred to the file of Family Court, at Nalgonda, for trial and disposal, in accordance with law. It is left open to the Family Court, at Nalgonda, either to club both the O.Ps or dispose of them separately.
Miscellaneous petitions, if any, pending, shall stand closed. There shall be no order as to costs.
_______________________ Dr. SHAMEEM AKTHER, J Date: 19.08.2020 ssp