Andhra Pradesh High Court - Amravati
Pindi Tejaswi vs Pindi Durga Prasad on 7 March, 2023
BSS,J
Tr.C.M.P.No.402 of 2022
1
HON'BLE SRI JUSTICE BANDARU SYAMSUNDER
Tr.C.M.P.No.402 of 2022
ORDER:
I have heard learned counsel for the petitioner Mr.P.Durga Prasad.
2. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against the respondent/husband under Section 24 of Civil Procedure Code (in short „CPC‟) seeking transfer of H.M.O.P.No.66 of 2019 from Senior Civil Judge Court, Amalapuram, East Godavari District, to Senior Civil Judge Court, Narsapur, West Godavari District, on the ground that due to unbearable harassment in the hands of respondent, she already filed criminal complaint before the Station House Officer, Narsapur Police Station, who registered the same as Crime No.170 of 2018 for the offences punishable under Sections 498-A, 323, 109 read with 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, which is registered as C.C.No.577 of 2018 on the file of I Additional Judicial Magistrate of First Class, Narsapur, West Godavari District and she also filed D.V.C.No.3 of 2018 and M.C.No.2 of 2019, all the three cases are pending before the Courts at Narsapur, and now the respondent filed H.M.O.P.No.66 of 2019 before the Senior Civil Judge Court, Amalapuram, seeking divorce with false allegations.
3. The main contention of the petitioner is that now she is staying in her parents house at Narsapur and she is depending upon her parents for BSS,J Tr.C.M.P.No.402 of 2022 2 her livelihood, who are aged persons, due to that, it is difficult for her to attend the Court at Amalapuram to defend the case filed by the respondent. She prays to allow the petition.
4. The respondent though served with notice, not chosen to contest the case.
5. The learned counsel for the petitioner would submit that the petitioner is now residing in her parents house at Narsapur, who also filed maintenance case, D.V.C. and criminal complaint against the respondent and his parents, which are pending before the Courts at Narsapur, due to that, it is desirable to transfer H.M.O.P.No.66 of 2019 to Senior Civil Judge Court, Narsapur. He prays to allow the petition.
6. In N.C.V.Aishwarya Vs. A.S.Saravana Karthik Sha 1 the Hon‟ble Apex Court held at paras 9 and 10, which reads as under:
"9. 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 1 2022 Live Law (SC) 627 BSS,J Tr.C.M.P.No.402 of 2022 3 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.
10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."
7. In the present case, respondent has not chosen to file any counter affidavit denying the averments made in the affidavit of the petitioner with regard to her inconvenience for appearing before the Senior Civil Judge Court, at Amalapuram. It is consistent and considered opinion of Hon‟ble Apex Court that in respect of matrimonial proceedings, convenience of wife has to be considered while taking care of inconvenience of the husband. As three cases already instituted by the petitioner are pending in the Courts at Narsapur, wherein the respondent has to attend to put forth his defence and also in view of non-denial of allegation made against the respondent by filing any counter-affidavit, this Court is of the opinion that there are grounds to consider the request of the petitioner to transfer H.M.O.P.No.66 of 2019 from the Court of Senior Civil Judge, Amalapuram, East Godavari District, to Senior Civil Judge Court, Narsapur, of West Godavari District.
BSS,J Tr.C.M.P.No.402 of 2022 4
8. In the result, this Transfer Civil Miscellaneous Petition is allowed. H.M.O.P.No.66 of 2019 on the file of Senior Civil Judge, Amalapuram, East Godavari District, is withdrawn and transferred to Senior Civil Judge, Narsapur, West Godavari District. The learned Senior Civil Judge, Amalapuram, shall send the records in H.M.O.P.No.66 of 2019 after duly indexed to the Senior Civil Judge Court, Narsapur, within two weeks from the date of receipt of orders of this Court in this petition. The petitioner and respondent shall appear before the learned Senior Civil Judge, Narsapur, on 01.04.2023 at 11.00 a.m. The learned Senior Civil Judge, Narsapur, shall explore the possibility of amicable settlement between the parties as per the procedure laid down under law. The learned Senior Civil Judge, Narsapur, is directed not to insist the physical presence of the respondent before the Court, if he engages an Advocate. He can insist his presence when ever required during the course of enquiry. No order as to costs. Consequently, miscellaneous petitions if any, shall stand closed. Interim Stay granted if any, shall stand vacated.
_____________________ BANDARU SYAMSUNDER, J Dt:07.03.2023.
Rns BSS,J Tr.C.M.P.No.402 of 2022 5 HON'BLE SRI JUSTICE BANDARU SYAMSUNDER Tr.C.M.P.No.402 of 2022 Date: 07.03.2023 Rns