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2021 DIGILAW 372 (TS)

Boina Varalakshmi, Wo C. Anand v. C. Anand, S/o Lingappa

2021-11-26

A.VENKATESHWARA REDDY

body2021
ORDER : The petitioner-wife has filed this Transfer CMP under Section 24 of CP.C. for withdrawal of HMOP NO.11 of 2021 pending on the file of Senior Civil Judge’s Court, Narayanpet and transfer the same to the Court of Judge, Family Court, City Civil Courts at Hyderabad. 2. The petitioner is the legally wedded wife of respondent. Their marriage was solemnized on 30.05.2013. Out of wedlock, they were blessed with two children aged about 7 years and 5 years respectively. In the month of January, 2019, the respondent left the house without informing the petitioner, who is working as AR constable. The respondent is a Video Editor of TV.9 channel. Considering the welfare of the children, the petitioner has been leading a simple life along with her two children providing minimum needs to them out of her meagre salary. All of a sudden, the respondent has filed HMOP.No.11 of 2021 on the file of Senior Civil Judge’s Court at Naryanpet. She has also filed FCOP.No.134 of 2019 on the file of Judge, Family Court, City Civil Courts, Hyderabad seeking dissolution of marriage. Accordingly, requested to transfer the HMOP to the Family Court, City Civil Courts, Hyderabad. 3. The respondent has filed a detailed counter denying the petition averments stating that he is ready to lead marital life with the petitioner and children. Accordingly, he has filed HMOP.No.11 of 2021 for restitution of conjugal rights. All the other allegations are not correct. This transfer CMP is filed only to harass the respondent and to damage his employment, where he is doing. If the petitioner attends the Court at Narayanpet, there is no threat to her or her children. There is no cause of action for the petitioner for filing the transfer CMP and prayed for dismissal of the same. 4. Perused the record. 5. It is a fact that the petitioner is the legally wedded wife of respondent and out of their wedlock, they were blessed with two children. It is also an undisputed fact that the respondent is not paying any maintenance to the petitioner or their minor children. The petitioner is working as AR constable, taking care of the minimum needs of their children. Undisputedly, the respondent is a video Editor of TV-9 channel and he has shown his residence at Narayanpet. 6. It is also an undisputed fact that the respondent is not paying any maintenance to the petitioner or their minor children. The petitioner is working as AR constable, taking care of the minimum needs of their children. Undisputedly, the respondent is a video Editor of TV-9 channel and he has shown his residence at Narayanpet. 6. It is also an admitted fact that the petitioner has filed FCOP.No.134 of 2019 pending on the file of Judge, Family Court, City Civil Courts, Hyderabad. She has also filed a maintenance case on behalf of her two children, which is also pending at Hyderabad. 7. The Hon’ble Supreme Court in Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, (2005) 12 SCC 237 , while dealing with transfer proceedings of a matrimonial dispute, held that in this type of matters, the convenience of the wife is to be preferred over the convenience of the husband. 8. In the case on hand, the petitioner is working as AR constable and she is taking care of her two minor children, to attend the Court at Narayanpet may cause lot of hardship to the her and their minor children, whereas the respondent is a video Editor in TV-9 channel, he may easily commute from Narayanpet to Hyderabad. 9. In view of the principles laid down by the Hon’ble Supreme Court when the convenience of wife and husband is considered, the convenience of wife must prevail, more so, when the wife has minor children with her. 10. In the result, the Transfer CMP is allowed. HMOP.No.11 of 2021 pending on the file of Senior Civil Judge’s Court at Narayanpet is ordered to be withdrawn and to transfer the same to the Judge, Family Court, City Civil Courts, Hyderabad for trial along with FCOP.No.134 of 2019 pending between the same parties. The learned Senior Civil Judge, Narayanpet shall transmit the entire record duly indexed to the Court of the Judge, Family Court, City Civil Courts, Hyderabad within one month from the date of receipt of a copy of this order. Pending miscellaneous applications, if any, shall stand closed.