Telangana High Court
Mandadapu Sobha vs Mandadapu Upender Rao on 6 February, 2020
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
Transfer Civil Miscellaneous Petition No.205 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 FCOP No.2639 of 2018 from the Court of XV Additional District Judge-cum-Family Court, Ranga Reddy District at Kukatpally, and transfer the same to the Family Court, Khammam, for trial and disposal along with FCMC No.1 of 2019, 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 22.05.1997 at Annarugudem Village, Thallada Mandal, Khammam District. During their wedlock, the couple are blessed with a daughter. Subsequently, disputes arose between the couple and the petitioner/wife is staying at her parents' house at Khammam. The respondent/ husband is most irresponsible person and did not care for the petitioner/wife and his daughter. The petitioner/wife filed FCMC No.1 of 2019 before the Family Court, Khammam, against the respondent/husband seeking maintenance to her and her daughter. The respondent/husband filed the subject FCOP No.2639 2018 on the file of XV Additional District Judge-cum- Family Court, Ranga Reddy District at Kukatpally, for dissolution 2 Dr.SA, J Tr. CMP.No.205/2019 of marriage. The distance between Khammam and Kukatpally is around 250 kilometres and it will be difficult for her to travel from Khammam to Kukatpally to attend the proceedings in the Court at Kukatpally and ultimately prayed to withdraw FCOP No.2639 of 2018 from the Court of XV Additional District Judge- cum-Family Court, Ranga Reddy District at Kukatpally, and transfer the same to the Family Court, Khammam, for trial and disposal along with FCMC No.1 of 2019, in accordance with law.
4. On the other hand, the learned counsel for the respondent/ husband would contend that the respondent/ husband is a resident of Balanagar Mandal, Ranga Reddy District. The petitioner/wife is suffering from schizophrenia, an incurable psychological disorder. Suppressing the said fact, the marriage was performed between the respondent/husband and the petitioner/wife. 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 bluntly refused to join the company of the respondent/husband. Vexed with the attitude of the petitioner/wife, the respondent/husband filed the subject FCOP No.2639 of 2018 on the file of the XV Additional District Judge-cum-Family Court, Ranga Reddy District at Kukatpally, for dissolution of marriage. There are no grounds to grant the relief claimed by the petitioner/wife 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 FCOP No.2639 of 2018 on the file 3 Dr.SA, J Tr. CMP.No.205/2019 of the XV Additional District Judge-cum-Family Court, Ranga Reddy District at Kukatpally, under Section 13(1), 13(1)(ia), (ib) & (iii) of the Hindu Marriage, Act, 1955, against the petitioner/wife, for dissolution of marriage, and the petitioner/wife filed FCMC No.1 of 2019 before the Family Court, Khammam, against the respondent/husband, under Section 125 of Cr.P.C., seeking maintenance to her and her daughter. The petitioner/wife contended that she is now residing at her parents' house at Khammam along with her daughter by name Mandadapu Alekhya Chowdary, who is presently pursuing B.Tech final year at Khammam. She has no source of income and she is living at the mercy of her parents. She has to travel around 250 kilometres from Khammam to Kukatpally to attend the proceedings in the Court at Kukatpally, along with or without her daughter. 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 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 Khammam, and certainly, her attendance before the Court at Kukatpally causes inconvenience to her. Though small inconvenience may be caused to the respondent/husband in attending the Court at Khammam, the convenience of the wife should be preferred and 4 Dr.SA, J Tr. CMP.No.205/2019 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 FCOP No.2639 of 2018 is withdrawn from the Court of XV Additional District Judge-cum-Family Court, Ranga Reddy District at Kukatpally, and transferred to the Family Court at Khammam, for trial and disposal along with FCMC No.1 of 2019, 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 06th February, 2020 Bvv