Telangana High Court
Perika Gali Mangala Gowri vs Perika Sharath Chandra on 14 August, 2024
Author: P.Sree Sudha
Bench: P.Sree Sudha
THE HON'BLE SMT.JUSTICE P.SREE SUDHA
Transfer Civil Miscellaneous Petition No.194 of 2024
ORDER:
This Transfer C.M.P is filed by the petitioner to transfer H.M.O.P.No.87 of 2022 filed by the respondent for Restitution of Conjugal Rights from the file of the Senior Civil Judge at Medak, Medak District to the Family Court, Hyderabad.
2. Heard learned counsel for the petitioner. In spite of service of notice, there is no representation on behalf of the respondent.
3. It is contended by learned counsel for the petitioner that petitioner is residing at Old Malakpet at Hyderabad and respondent is also residing at Hyderabad in a rented premises. As he filed O.P at Medak only to compel the petitioner to serve her in-laws. It is also stated that petitioner is doing contract job at Hyderabad and distance between Hyderabad and Medak is 96 kilometers and it is difficult for her to travel from Hyderabad to Medak.
4. On perusal of the record and submissions made by 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 2 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 to transfer H.M.O.P.No.87 of 2022 from the file of the Senior Civil Judge at Medak, Medak District to the Family Court, Hyderabad.
6. In the result, Transfer C.M.P is allowed with a direction to transfer H.M.O.P.No.87 of 2022 from the file of the Senior Civil Judge at Medak, Medak District to the Family Court, Hyderabad duly indexed within one month from the date of receipt of copy of this order. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, shall stand closed.
___________________ P.SREE SUDHA, J Date:14.08.2024 Bw 1 (2005) 12 SCC 237 2 AIR 2002 SC 396