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2020 DIGILAW 365 (TS)

Bodari Krishna Kumari v. B. Narsimha

2020-03-10

SHAMEEM AKTHER

body2020
JUDGMENT Shameem Akther, J. - This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/wife seeking to transfer O.P.No.326 of 2019 from the file of Judge, II Additional Family Court - cum - XVI Additional District Judge, Ranga Reddy District at Malkajgiri, to the file of Judge, Family Court - cum - VII Additional District Judge, Sangareddy, for trial and disposal, in accordance with law. 2. Heard the learned counsel for both sides and perused the record. 3. Learned counsel for the petitioner/wife would submit that the respondent/husband filed O.P.No.326 of 2019 on the file of Judge, II Additional Family Court - cum - XVI Additional District and Sessions Judge, Ranga Reddy District at Malkajgiri, under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short, 'the Act'), seeking divorce. The petitioner/wife filed M.C.No.11 of 2019 on the file of Additional Judicial Magistrate of First Class, Sangareddy, under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance. The petitioner/wife is residing at her parents' house situated at Indrakaran Village, Sangareddy Mandal and District, along with her minor children, who are aged about 11 years and 09 years, respectively. Therefore, it is very difficult for the petitioner/wife to attend the Court at Malkajgiri, where the subject O.P. is pending. Moreover, the Maintenance Case filed by the petitioner/wife is pending at Sangareddy. Therefore, the Court at Sangareddy would be more convenient and it is little expensive to the petitioner/wife. Further, the petitioner/wife is unable to get proper legal assistance at Malkajgiri. The petitioner/wife is apprehending danger to her life at Malkajgiri and ultimately, prayed to allow the Transfer Civil Miscellaneous Petition, as prayed for. 4. Respondent/Husband filed counter. 5. Learned counsel for the respondent/husband would contend that the grounds urged on behalf of the petitioner/wife are unsustainable. No genuine circumstance is narrated to transfer the subject O.P. Counsel appearing for the petitioner/wife in the subject O.P. attended the Court on every date of hearing. The respondent/husband had never threatened the petitioner/wife, as alleged, and ultimately, prayed to dismiss the petition. 6. No genuine circumstance is narrated to transfer the subject O.P. Counsel appearing for the petitioner/wife in the subject O.P. attended the Court on every date of hearing. The respondent/husband had never threatened the petitioner/wife, as alleged, and ultimately, prayed to dismiss the petition. 6. In view of the submissions made by both sides, the point that arises for determination is as follows: "Whether O.P.No.326 of 2019 pending on the file of Judge, II Additional Family Court - cum - XVI Additional District Judge, Ranga Reddy District at Malkajgiri, can be withdrawn and transferred to the file of Judge, Family Court - cum - VII Additional District Judge, Sangareddy?" 7. There is no dispute with regard to the marital relationship between the parties to the litigation and that the parties have begotten two children, who are aged about 11 years and 9 years, respectively. Both the children are school going. The material placed on record reveals that the respondent/husband filed the subject O.P. at Malkajgiri seeking divorce. The petitioner/wife, along with her minor children, is residing at her parents' house situated at Indrakaran Village. Under these circumstances, it is relevant to state that Section 19 of the Act 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 Indrakaran Village, Sangareddy Mandal and District. Certainly, her attendance before the Court at Malkajgiri causes inconvenience to her. Further, the minor children are aged about 11 years and 09 years, respectively. The petitioner/wife has to attend the Court at Malkajgiri along with her minor children or leaving them at home. In both the circumstances, it causes hardship and inconvenience to the petitioner/wife. Further, the children of the parties to the litigation are school going and their absence to the school would also cause hindrance to their education. The absence of the petitioner/wife would expose the children to unforeseen circumstances, which may result to their physical and mental damage. Further, travel from Indrakaran Village to Malkajgiri is also expensive. Further, the children of the parties to the litigation are school going and their absence to the school would also cause hindrance to their education. The absence of the petitioner/wife would expose the children to unforeseen circumstances, which may result to their physical and mental damage. Further, travel from Indrakaran Village to Malkajgiri is also expensive. The convenience of the wife should be preferred and shall prevail over the inconvenience, if any, which may be caused to the husband. Though it is little inconvenient to the respondent/husband to attend the Court at Sangareddy, the safety, security and education of the children would prevail over the little inconvenience that would be caused to the respondent/husband. Accordingly, this Court finds that sufficient cause is shown by the petitioner/wife for granting the relief claimed by her in this petition. 8. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and O.P.No.326 of 2019 is withdrawn from the file of Judge, II Additional Family Court - cum - XVI Additional District Judge, Ranga Reddy District at Malkajgiri, and transferred to the file of Judge, Family Court - cum - VII Additional District Judge, Sangareddy, for trial and disposal, in accordance with law. Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.