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2023 DIGILAW 279 (AP)

Kadapa Bharathi v. N. Venkatesh

2023-02-02

BANDARU SYAMSUNDER

body2023
ORDER : 1. This Transfer Civil Miscellaneous Petition is filed by the petitioner/wife against the respondent/husband under Section 24 of the Code of Civil Procedure (in short “CPC”) for transfer of HMOP No.95 of 2021 on the file of Senior Civil Judge, Adoni to the Senior Civil Judge, Proddatur of YSR Kadapa District. 2. The case of the petitioner/wife in brief is that her marriage with the respondent solemnized on 12.12.2018 at Atmakur town of Kurnool District, as per Hindu rites and customs prevailing in their community, and at the time of marriage, her parents gave dowry of Rs.20,00,000/- and 20 tulas of gold ornaments. She alleged that after the marriage, she stayed happily for six months only with the respondent, and thereafter the respondent started harassing the petitioner on demand of additional dowry, and she was necked out from the house on 27.07.2019, and since then she has been residing at her parents house at Jammalamadugu town of Kadapa District. It is also the contention of the petitioner that on 07.09.2021 she lodged a report before the Station House Officer, Jammalamadugu PS against the respondent, who registered the case for the offences punishable under Section 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act and after due investigation who also filed charge sheet against the respondent, and his relatives. The petitioner submits that she filed DVC No.1 of 2022 against the respondent, which is pending on the file of Judicial First Class Magistrate, Jammalamadug of YSR Kadapa District, and she filed MC No.14 of 2021 before the same Court, which is pending. The main contention of the petitioner is that the respondent filed divorce petition before the Senior Civil Judge, Adoni only to harass her and when she attended the Court at Adoni, the respondent abused her in the Court premises and threatened her with dire consequences. The petitioner has stated that three cases filed against the respondent are pending, before the Judicial First Class Magistrate, Jammalamadugu, wherein the respondent is attending. She being a woman, cannot travel from Adoni town to Jammalamadugu town, which is 290 kms. She prays to transfer HMOP No.95 of 2021 on the file of Senior Civil Judge, Adoni to Senior Civil Judge Court, Proddatur of YSR Kadapa District. 3. The respondent/husband though served with notice, not chosen to appear and contest the case. 4. She being a woman, cannot travel from Adoni town to Jammalamadugu town, which is 290 kms. She prays to transfer HMOP No.95 of 2021 on the file of Senior Civil Judge, Adoni to Senior Civil Judge Court, Proddatur of YSR Kadapa District. 3. The respondent/husband though served with notice, not chosen to appear and contest the case. 4. I have heard learned counsel for the petitioner Mr.V.Nitesh. 5. The learned counsel for the petitioner/wife would submit that as petitioner lodged criminal complaint against the respondent and she also filed DVC No.1 of 2022 and MC No.14 of 2021, the respondent/husband filed divorce petition against the petitioner before Senior Civil Judge Court, Adoni to harass the petitioner. He would further submit that the respondent has been attending all the three cases filed by the petitioner, due to that no prejudice will be caused to the respondent, if divorce petition filed by the respondent is transferred to Senior Civil Judge Court at Proddatur, which is only at a distance of 30 kms from Jammalamadugu town. He prays to allow the petition. 6. Now the point that emerges for consideration by this Court is: "Whether the petition is maintainable either in law or on facts?" 7. POINT: Before going to the merits of the case, it would be beneficial to quote Section 24 of CPC, which reads as under: “24. General power of transfer and withdrawal:- (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage- (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and (i) try or dispose of the same; or (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which [is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purpose of this section,- (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court; (b) “proceeding” includes a proceeding for the execution of a decree or order. (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. (5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it”. 8. It is not in dispute that the marriage of the petitioner with the respondent solemnized on 12.12.2018 at Atmakur town of Kurnool District. Now, the respondent /husband is working as Veterinary Assistant Surgeon at VD Velamkur village, Devanakonda mandal of Kurnool District, which shows that the respondent/husband is employed, whereas the petitioner is house-maker, who is residing at her parents house at Jammalamadugu of YSR Kadapa District. The petitioner also filed copy of petitions, which she filed against the respondent, which are petition under Section 125 Cr.P.C in MC No.14 of 2021, CC No.389 of 2021 and DVC No.1 of 22 on the file of Judicial First Class Magistrate, Jammalamadugu of YSR Kadapa District. The respondent/husband along with his relatives appears to have been attending the Courts in all those cases. The petitioner also filed copy of counter filed by R1 in DVC No.1 of 2021, which itself shows that the respondent is contesting the case by engaging an Advocate at Jammalamadugu town. 9. It is consistent view of Hon’ ble Apex Courtand also other High Courts that in respect of matrimonial proceedings, the convenience of wife has to be considered and the Hon’ble Apex Court while considering the transfer petition filed by the wife in Transfer Petition (Civil) No.1912 of 2014, in Krishna Veni Nagam, petitioner vs. Harish Nagam, respondent, Judgment dated 09.03.2017 observed that one cannot ignore the problem faced by a husband if proceedings are transferred on account of genuine difficulties faced by the wife. In the present case, the respondent/husband is already attending the Courts at Jammalamadugu, who admittedly gainfully employed, whereas the petitioner/ wife is house-maker, who also filed an application seeking maintenance from the respondent/husband. When the respondent/husband is attending the Courts at Jammalamadugu, it may not cause any prejudice to him to attend the Court at Proddatur town, which is only 30 kms from Jammalamadugu town and he has to travel only 30 kms more, if divorce petition is transferred to Senior Civil Judge Court, Proddatur, where there is sufficient transport facility from Adoni to Proddatur, both rail and road. 10. Therefore, the petition filed by the petitioner, seeking transfer of HMOP No.95 of 2021 from Senior Civil Judge, Adoni to Senior Civil Judge, Proddatur is maintainable in law and also on facts. 11. In the result, this Transfer Civil Miscellaneous Petition is allowed. The HMOP No.95 of 2021 on the file of Senior Civil Judge, Adoni, Kurnool District is transferred to the Senior Civil Judge Court, Proddatur, YSR Kadapa District. The Senior Civil Judge, Adoni, Kurnool District shall transmit the entire records in HMOP No.95 of 2021 to the Senior Civil Judge Court, Proddatur, YSR Kadapa District after duly indexed as expeditiously as possible. On receiving the records by the Senior Civil Judge, Adoni, Kurnool District which shall be reregistered and the petition filed by the respondent/ husband against the petitioner/wife shall be disposed of in accordance with law as expeditiously as possible, within Six (6) months from the date of receipt of records from the Senior Civil Judge Court, Adoni, Kurnool District. The Senior Civil Judge, Proddatur, YSR Kadapa District is also directed to explore possibility of amicable settlement of matrimonial dispute between the parties as per the procedure laid down under law. As respondent is admittedly working as Veterinary Assistant Surgeon, his physical attendance before the Court shall be dispensed with, unless he is required for deposing evidence during the course of enquiry, if he is represented by the counsel. Both the parties shall appear before the Senior Civil Judge, Proddatur, YSR Kadapa District on 10.03.2023 at 10.30 a.m. The learned counsel representing both the parties are requested to intimate the parties to attend before the The Senior Civil Judge, Proddatur, YSR Kadapa District on 10.03.2023. No order as to costs. Consequently, miscellaneous petitions if any, shall stand closed. Interim Stay granted if any, shall stand vacated.