Bomma Deepika vs Bomma Srikanth

Heard the learned Counsel for the appearing for petitioner and the learned Counsel appearing for the respondent.

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, 1908 (for short ‘CPC’) by the petitioner-wife against the respondent-husband seeking for transfer of FCOP No.478 of 2022 from the file of II Additional District and Sessions Judge-cum-II Additional Family Court, Medchal-Malkajgiri to the Court of Senior Civil Judge, Bhongir, Yadadri-Bhuvangiri District.

The learned Counsel for the petitioner submits that marriage of the petitioner with the respondent was solemnized on 21.04.2016 at Yadagirigutta as per the customs prevailing in their community. Immediately after the marriage the petitioner joined the company of the respondent and lead happy marital life for one year and they begot a female child, namely Vaishnavi, on 19.01.2017. Thereafter disputes arose between the spouses and the petitioner filed a criminal case against the respondent and his family members and the same was registered as CC No.989 of 2021 on the file of Judicial Magistrate of First Class, Bhongir. The petitioner also filed a case in DVC No.29 of 2021 against the respondent and the same is also pending on the file of Judicial Magistrate of First Class, Bhongir. Meanwhile, the respondent also filed FCOP No.412 of 2021 on the file of 16th Additional District Cum-III Additonal Family Court at Malkajgiri and subsequently it was transferred to II Additonal Metropolitan Sessions Judge-cum-II Family Court at Medchal, where it was renumbered as FCOP No.478 of 2022. As petitioner along with her child is living at her parents house at Dathaipalli of Yadadri-Bhuvangiri District and she is facing difficulty both financially and physically to attend the proceedings in FCOP No.478 of 2022 at Malkajgiri filed by the respondent and it would be convenient to her if the said FCOP No.478 of 2022 is transferred to the Court of Senior Civil Judge at Bhongir, Yadadri-Bhuvangiri District, as other two cases filed by the petitioner are also pending at Bhongir and requested to allow the Transfer Civil Miscellaneous Petition.

On the other hand, the learned Counsel for the respondent basing on the counter submits that the petitioner deserted the respondent without any reason and left the matrimonial home on 21.09.2017. It is not true that the petitioner is completely dependant on her family members for her expenses and she would be put to hardship to travel to Medchal Family Court for the hearings. In fact the petitioner is working at Akzonobel Paints at Balanagar, Hyderabad as an Accountant and staying alone in a ladies Hostel leaving their daughter at her parents Home at Dathaipalli. There is no need to appear in CC No.989 of 2021 through out the proceedings  except  on  the  date  of  recording  of  her evidence and the DVC No.29 of 2021 is coming for cross-examination of PW4 and her presence can be dispensed with permission of the Court. The respondent is working in BDL as Technical Assistant in Missile Department and he would be out of station for one month in every three months and in view job of the respondent, the Court also dispensed with the presence of the respondent in DVC No.29 of 2021 and there are no merits in the petition and requested to dismiss the petition.

After hearing both sides and upon perusing the record this Court is of the considered view that the petitioner and the respondent are wife and husband respectively and their marriage was solemnized on 21.04.2016 and in view of disturbances between the spouses the petitioner along with her daughter started living at her parental house at Dathaipalli, near Yadadri-Bhongiri. Thereafter, the petitioner filed a criminal case against the respondent and his family members in Thurkapalli Police Station, which is numbered as CC No.989 of 2021 and also another case under Domestic Violance Act in DVC No.29 of 2021 and both the said cases are pending on the file of Judicial Magistrate of First Class, Bhongir. Now, the petitioner being wife filed the present Transfer Civil Miscellaneous Petition seeking to transfer the FCOP No.478 of 2022 from the file of II Additional Family Court, Malkajgiri on the ground that it would be convenient for her both physically and financially to attend the proceedings if the FCOP No.478 of 2022 filed by the respondent is transferred from Malkajgiri to Bhongir where the cases filed by the petitioner are pending. On the other hand the respondent is opposing the Transfer Petition stating that the petitioner is working in a private company and residing in a private hostel at Hyderabad, but not filed any document to substantiate the same and admitting that two cases are pending in the Court at Bhongir.

It is settled law that in the transfer proceedings of matrimonial disputes the convenience of the wife is to be preferred over the convenience of the husband, therefore the request of the petitioner-wife is to be considered. The Hon’ble Supreme Court in NCV Aishwarya Vs A.S.Saravana Karthik Sha 2022 SCC Online SC 1199 held as follows:

“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 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.

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”.

In view of the law laid down by the Hon’ble Supreme Court, the Transfer Civil Miscellaneous Petition is allowed. FCOP No.478 of 2022 is withdrawn from the file of II Additonal District and Sessions Judge-cum-II Additional Metropolitan Sessions Judge-cum-II Additional Family Court, Medchal-Malkajgiri and transferred to the Court of Senior Civil Judge at Bhongir, Yadadri-Bhuvanagiri District for disposal in accordance with law.

The learned II Additional District Judge-cum-II Additional Family Court, Medchal-Malkajgiri shall transmit the entire record of FCOP No.478 of 2022 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, interlocutory applications, if any pending in Transfer Civil Miscellaneous Petition shall stand closed.