Telangana High Court
Bangari Krishna Prasen vs Bangari Atiketi Shirisha on 30 January, 2020
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
Transfer C.M.P.Nos.12 & 271 of 2019
COMMON ORDER:
Since the facts of the case, parties to the litigation and the contentions raised in both these petitions are similar, both these petitions are disposed of by this common order.
2. Transfer CMP No.12 of 2019 is filed by the petitioner/wife under Section 24 of CPC, requesting to withdraw HMOP No.438 of 2018 from the file of the Family Court, Warangal, and transfer the same to the Court of Principal Senior Civil Judge, Mancherial, for trial and disposal along with HMOP No.26 of 2019, in accordance with law. Transfer CMP No.271 of 2019 is filed by the petitioner/husband under Section 24 of CPC, requesting to withdraw HMOP No.26 of 2019 from the file of the Court of the Principal Senior Civil Judge, Mancherial, and transfer the same to the Family Court, Warangal, for trail and disposal along with HMOP No.438 of 2018, in accordance with law.
3. Heard learned counsel for both sides and perused the record.
4. The learned counsel for the petitioner in Transfer CMP No.12 of 2019 and the respondent in Transfer CMP No.271 of 2019 (wife) would contend that the marriage 2 Dr.SA, J Tr.CMP.Nos.12 & 271 of 2019 between the petitioner/wife and respondent/husband was performed on 28.07.2017. Subsequently, the respondent/husband and his family members started harassing the petitioner/wife demanding additional dowry. After several panchayats, the respondent/ husband and his family members forced the petitioner/wife to leave her matrimonial home. Left with no other alternative, the petitioner/wife started living at her parents' house at Mancherial. The petitioner/wife filed HMOP No.26 of 2019 before the Principal Senior Civil Judge, Mancherial, against the respondent/husband, under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, besides lodging a report, dated 26.11.2018, with the Women Police Station, Mancherial, against the respondent/husband and his family members. The respondent/husband filed HMOP No.438 of 2018 before the Family Court, Warangal, against the petitioner/wife, seeking dissolution of marriage. The petitioner/wife is a deserted woman and she has no source of income. The distance between Mancherial and Warangal is around 160 kilometres. It will be difficult for the petitioner/wife to travel from Mancherial to Warangal, all alone, to defend the case filed by the respondent/husband in the Court at Warangal and ultimately prayed to transfer HMOP No.438 of 2018 pending on the file of the Family Court, Warangal, to the Court of Principal Senior Civil Judge, Mancherial, for trial 3 Dr.SA, J Tr.CMP.Nos.12 & 271 of 2019 and disposal along with HMOP No.26 of 2019, in accordance with law.
5. On the other hand, the learned counsel for the petitioner in Transfer CMP No.271 of 2019 and the respondent in Transfer CMP No.12 of 2019 (husband) that the respondent/ husband was constrained to file HMOP No.438 of 2018 before the Family Court, Warangal, for dissolution of marriage between him and the petitioner/wife, since the marital relations between him and the petitioner/wife became worse and led to various disputes among his family members. Subsequent to filing of HMOP No.438 of 2018 for dissolution of marriage, the family members of the petitioner/wife trespassed into the house of the respondent/husband in the absence of the respondent/husband, brutally attacked his parents, confined them in a room for two days and created nuisance in the locality. The father of the respondent/husband also lodged a report with the police regarding the said incident. The family members of the respondent/husband were attacked by the petitioner/wife and her family members on several occasions. It is also contended that there is a threat to the life of the respondent/husband at the hands of the petitioner/wife and her relatives at Mancherial and ultimately prayed to withdraw HMOP No.26 of 2019 from the file of the Court of the Principal Senior Civil Judge, Mancherial, and 4 Dr.SA, J Tr.CMP.Nos.12 & 271 of 2019 transfer the same to the Family Court, Warangal, for trial and disposal along with HMOP No.438 of 2018, in accordance with law.
6. In view of the above rival contentions, the point that arises for determination in both these Transfer CMPs is as follows:
"Whether HMOP No.438 of 2018 be withdrawn from the Family Court, Warangal, and transferred to the Court of Principal Senior Civil Judge, Mancherial, for trial and disposal along with HMOP No.26 of 2019, in accordance with law, or vice-versa?"
7. There is no dispute that HMOP No.438 of 2018 filed by the respondent/husband under Section 13(i-a) of the Hindu Marriage Act, 1955, seeking dissolution of marriage between him and the petitioner/wife is pending on the file of Family Court, Warangal, and HMOP No.26 of 2019 filed by the petitioner/wife under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, is pending on the file of Court of Principal Senior Civil Judge, Mancherial. These two matters relate to the marital disputes between the petitioner/wife and the respondent/husband. Considering the issues involved in the two cases, it is in the interest of both the parties that both the cases should be tried and disposed of by a single forum. The said course would avoid multiplicity of 5 Dr.SA, J Tr.CMP.Nos.12 & 271 of 2019 proceedings and conflicting decisions, and would save the valuable time of the Court and would also be helpful in minimising the financial expenses of both the parties. Therefore, the issue for determination is as to which Court should be preferred to dispose of both the matters.
8. In the instant case, admittedly, the couple have no issues. There are strained relations in between the parties to the litigation. The respondent/husband is apprehending life threat at the hands of the relatives of the petitioner/wife at Mancherial. Therefore, withdrawing HMOP No.438 of 2018 from the Family Court, Warangal, and transferring the same to the Court of Principal Senior Civil Judge, Mancherial, would make the relations between the parties further strained. The petitioner/wife contended that she is a destitute woman living at the mercy of her parents and has no source of income and it will be difficult for her to travel from Mancherial to Warangal, i.e., around 160 kilometres, to attend the proceedings in the Court at Warangal.
9. Peddapally is at a distance of around 110 kilometres from Warangal and 50 kilometres from Mancherial. The Court of Senior Civil Judge, Peddapally, is convenient to both the parties to pursue their remedies. For all purposes, it will be safe to both the parties, in view of the apprehensions, allegations and counter allegations in between the parties to the 6 Dr.SA, J Tr.CMP.Nos.12 & 271 of 2019 litigation. Accordingly, this Court finds that transferring both HMOP No.26 of 2019 filed by the petitioner/wife before the Court of Principal Senior Civil Judge, Mancherial, and HMOP No.438 of 2018 filed by the respondent/husband before the Family Court, Warangal, to the Court of Senior Civil Judge, Peddapalli, Peddapalli District, would meet the ends of justice. Moreover, both the learned counsel have fairly conceded for transfer of both the subject HMOPs to the Court of Senior Civil Judge, Peddapalli, Peddapalli District.
10. Accordingly, both HMOP No.26 of 2019 filed by the petitioner/wife before the Court of the Principal Senior Civil Judge, Mancherial, and HMOP No.438 of 2018 filed by the respondent/husband before the Family Court, Warangal, are withdrawn from the respective Courts and transferred to the Court of Senior Civil Judge, Peddapally, Peddapalli District, for trial and disposal, either jointly or simultaneously, in accordance with law.
11. Both the Transfer Civil Miscellaneous Petitions are disposed of accordingly. No costs.
Miscellaneous petitions, if any, pending in both these Transfer CMPs, shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J 30th January, 2020 Bvv