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2021 DIGILAW 389 (TS)

Raveena Nagariya, W/o. Sri Vishvendra Nagariya v. Vishvendra Nagariya, S/o Gyanendra Nagariya

2021-12-06

A.VENKATESHWARA REDDY

body2021
ORDER : The petitioner-wife has filed this transfer civil miscellaneous petition under Section 24 of the Code of Civil Procedure with a request to withdraw FCOP.No.783 of 2020 pending on the file of the Judge, Family Court, City Civil Courts at Hyderabad and to transfer the same to the Judge, Family Court, Sanga Reddy. 2. The petitioner is legally wedded wife of the respondent. Their marriage was solemnized on 21-05-2017. They lead happy marital life for some time. Later he started demanding for additional dowry, quarreled with the parents of the petitioner. She was driven out of his house and she is compelled to stay with her parents. Thereby, she has filed a case in Crime No.72 of 2021 before Police, Jogipet for the offence under Section 498-A of IPC. She is house wife. She has no source of income. Accordingly, requested to transfer FCOP.No.783 of 2020 pending on the file of the Judge, Family Court, City Civil Courts at Hyderabad to the Judge, Family Court, Sanga Reddy. 3. The respondent has filed a detailed counter along with a CD and some material papers including the reply notice dated 26-06-2021, photocopies of medical record, legal notice dated 21-09-2019 and extract of abusive words that were used by the petitioner against the respondent while sending messages to him continuously. 4. The main averments mentioned by the respondent in the counter affidavit are that the petitioner made all false allegations defaming him and his family members and she is suffering from Schizophrenia and in support of the said fact he is submitting the medical reports, which will bring the truth. Only with a malafide intention to harass the family members of the respondents a false criminal case is filed before Police, Jogipet and that the respondent has got issued a legal notice dated 21-09-2019 to the petitioner. She did not choose to reply to the said notice. In the Police complaint lodged by her she has clearly stated that she has been residing separately since 27-08-2018. Whereas the FIR was lodged on 05-04-2021, after a span of 31 months and that she has been sending abusive and threatening messages, it is not desirable to transfer divorce OP from the file of Judge, Family Court, City Civil Courts at Hyderabad to the Judge, Family Court, Sanga Reddy. 5. Heard on both sides. 6. Whereas the FIR was lodged on 05-04-2021, after a span of 31 months and that she has been sending abusive and threatening messages, it is not desirable to transfer divorce OP from the file of Judge, Family Court, City Civil Courts at Hyderabad to the Judge, Family Court, Sanga Reddy. 5. Heard on both sides. 6. Learned counsel for the petitioner seeks to submit that the petitioner being the helpless woman has to depend on her parents. It is absolutely impossible for her to commute from Jogipet to Hyderabad by travelling over a distance or around 100 Kms., and she he apprehending danger in the hands of respondent. 7. On the other hand, learned counsel for the respondent submitted that the petitioner is continuously sending abusive text messages by using un-parliamentary language threatening him. She has been not staying with respondent for the last more than 34 months. She is suffering with Schizophrenia. Even earlier when they stayed in Mumbai also she was not cooperating with him for leading conjugal life. 8. Thus, the main ground on which the respondent resisted this application is that for more than 34 months himself and the petitioner are living separately. She has filed a false case before Police, Jogipet and that she is suffering with Schizophrenia. She has been using abusive words in the messages sent to him continuously. The marriage between the parties is admitted. It is also an admitted that that the petitioner has filed a Criminal Case against the respondent and his family members for the offence under Section 498-A of IPC before Police, Jogipet. It is the case of the respondent / husband that the petitioner is suffering with Schizophrenia and it is not the case of the respondent that the petitioner is gainfully employed and that she is able to maintain herself. Further learned counsel for the respondent has insisted that in view of the abusive messages continuously sent by the petitioner there is imminent threat to the life of the respondent and pending matter from the file of Judge, Family Court, City Civil Courts at Hyderabad, cannot be transferred to the Judge, Family Court, Sanga Reddy. 9. Further learned counsel for the respondent has insisted that in view of the abusive messages continuously sent by the petitioner there is imminent threat to the life of the respondent and pending matter from the file of Judge, Family Court, City Civil Courts at Hyderabad, cannot be transferred to the Judge, Family Court, Sanga Reddy. 9. The Hon’ble Supreme Court in Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi, (2004) 13 SCC 407 , 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. 10. In similar circumstances, between husband and wife convenience is to prevail and yet the husband has expressed threat perception, the Hon’ble Supreme Court in Sangeetha Allas Shreya v. Prasant Vijay Wargiya, (2005) 12 SCC 237 wherein it is held at paragraph No.4 as follows: "we are living in a civilized society. We see no substance in the submission that there would be danger to his life if the respondent has to attend the court. If any threat is given, the respondent can always complain to the court and we are sure that his complaint, if one made, will be considered on its merit." 11. In such circumstances, considering the fact that the petitioner is a household lady, not doing any job and it is alleged by the respondent that she is suffering with Schizophrenia, the convenience of petitioner/wife shall prevail over the convenience of respondent/husband. Further, if any such threatenings are made either by the petitioner or anybody on her behalf the respondent is at liberty to complain either to the Court at which he is attending or before the Police concerned and I am sure that his complaint if one is made will be considered on its merits by the concerned authorities. In that view of the matter, I am inclined to consider the request of the petitioner-wife. 12. In the result, this transfer civil miscellaneous petition is allowed. FCOP No.783 of 2020 pending on the file of Judge, Family Court, City Civil Courts at Hyderabad, is ordered to be withdrawn and transferred to the same the Judge, Family Court, Sanga Reddy, for disposal, in accordance with law. The learned Judge, Family Court, City Civil Courts at Hyderabad, shall transmit the entire record duly indexed. There shall be no order as to costs. The learned Judge, Family Court, City Civil Courts at Hyderabad, shall transmit the entire record duly indexed. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed.