Telangana High Court
Kondabathini Aruna vs Kondabathini Krishna Chaitanya on 5 August, 2025
HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
TRANSFER CIVIL MISCELLANEOUS PETITION No.24 of 2025
ORDER:
This Transfer Civil Miscellaneous Petition is filed seeking transfer of FCOP.No.1373 of 2023 pending on the file of Principal Family Court Judge, Kalpataru at Hyderabad to the Court of Senior Civil Judge at Huzurabad.
2. Heard Sri K.Venumadhav, learned counsel for the petitioner and Sri M.Venkanna, learned counsel for the respondent.
3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., are that the petitioner and respondent are wife and husband and their marriage was performed on 28.07.2017, at Venkata Sai Gardens, Warangal Road, Huzurabad, Karimnagar district as per Hindu Rites and Customs; that soon after marriage, the petitioner joined the matrimonial home with the respondent; that out of their wedlock they were blessed with a male child, who is now aged 7 years; that thereafter, the petitioner was subjected to harassment for additional dowry; that ultimately the petitioner was necked out from the matrimonial house; that unable to bear the harassment, the petitioner lodged a complaint before the Huzurabad Police which was registered vide Crime No.304 of 2023 for the offences under Section 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act and the same is pending before I Addl.Judicial First Class Magistrate at Huzurabad; that the 2 petitioner filed a maintenance case vide MC.No.14 of 2024, claiming maintenance and the same is also pending on the file of I Addl.Judicial First Class Magistrate at Huzurabad; that the petitioner also filed a complaint in DVC No.18 of 2024 and the same is pending on the file of I Addl.Judicial First Class Magistrate at Huzurabad. It is averred that the respondent filed FCOP.No.1373 of 2023 on the file of Principal Family Court Judge, Kalpatharuvu at Hyderabad for restitution of conjugal rights. It is further averred that the petitioner is residing with her parents along with the minor child; that she is dependent on her parents for her survival; that she has to take care of her minor child who is now aged about 7 years, therefore, it is difficult for her to travel from Huzurabad to Hyderabad, a distance of 170 Kms., to attend the Court proceedings in FCOP.No.1373 of 2023 on every date of hearing. Hence, present Tr.CMP is filed.
4. Learned Counsel for the would submit that the criminal complaint vide Crime No.304 of 2023, MC.No.14 of 2024 as well as DVC.No.18 of 2024 were filed by the petitioner subsequent to filing of FCOP.No.1373/2023, only to harass the respondent; that it is further submitted that there are no merits in the Tr.CMP filed by the petitioner and prayed to dismiss the same.
5. It is relevant to refer to the underlying principle governing the proceedings under Section 24 of the CPC seeking transfer of the case, appeal or other proceedings, which is enunciated by the Hon'ble 3 Supreme Court in a catena of judgments and the same was followed by various High Courts.
6. The Hon'ble Supreme Court in NCV Aishwarya Vs. A.S.Saravana Karthik Sha 1 held as follows:
" The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer."
7. The principle of law laid down by the Hon'ble Supreme Court in N.C.V.Aishwarya's case (3rd cited supra), has been reiterated by the High Court of Bombay in Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil v. Dhiraj Sunil Patil 2, and observed as under:-
"In a country like India, important decisions such as marriage, divorce are still taken with the guidance 1 2022 SCC Online SC 1199 2 (2023 SCC OnLine Bom 1926) 4 and blessings of elders in the family. For a lady to travel alone for the proceedings to a Court where the fate of her marriage is going to be decided without any family member would definitely be a matter of concern and cause not only physical inconvenience but also emotional and psychological inconvenience."
8. Further, the High Court of Bombay in Priyanka Rahul Patil v. Rahul Ravindra Patil 3 followed the principle laid down in N.C.V.Aishwarya's case (3rd cited supra) and Devika Dhiraj Patil Nee Devika Jayprakash Buttepatil's case (4th cited supra), and held as follows:-
"The underlying principle governing the proceedings under Section 24 of the CPC, is that convenience of the wife is to be preferred over the convenience of the husband."
9. Thus, there are catena of decisions of the Hon'ble Supreme Court and other High Courts to the effect that in matrimonial matters/disputes, while considering the application for transfer of the proceedings from one Court to another Court, the Courts must give preference to the convenience of the wife over the convenience of the husband.
10. A perusal of record would disclose that the petitioner filed Tr.CMP on the ground that the she is staying with her parents and 3 (2023 SCC OnLine Bom 1982) 5 dependent on her parents for her survival; that she has to take care of her minor child; that further the distance between Huzurabad to Hyderabad is 170 kms., therefore it is difficult for her to travel such a long distance along with minor child to attend the court proceedings in FCOP.No.1373 of 2023. Further it is also relevant to note that the complaint lodged by the petitioner vide Crime No.304 of 2023 for the offences under Section 498-A of IPC and Section 3 and 4 of Dowry Prohibition Act, MC.No.14 of 2024 as well as DVC.No.18 of 2024 are pending before the I Additional Judicial Magistrate of First Class, Huzurabad.
11. In the aforesaid facts and circumstances of the case and further, in view of the underlying principle enunciated by the Hon'ble Supreme Court and various other High Courts in the aforesaid Judgments that the convenience of the wife has to be given priority/preference over the convenience of the husband, this Court finds that the grounds urged by the petitioner seeking transfer of the OP are justifiable and therefore, this Tr.CMP deserves to be allowed.
12. Accordingly, Tr.C.M.P. is allowed and FCOP.No.1373 of 2023, pending on the file of Principal Family Court Judge, Kalpatharu at Hyderabad, is transferred to the Court of Senior Civil Judge, Huzurabad, for disposal in accordance with law. 6
13. The Principal Family Court Judge, Kalpatharuvu at Hyderabad, shall transmit the entire original record in FCOP.No.1373 of 2023, duly indexed, to the Court of Senior Civil Judge at Huzurabad, within a period of one month from the date of receipt of a copy of this order.
Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
__________________________________ LAXMI NARAYANA ALISHETTY, J Date: 05.08.2025 tk