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2024 DIGILAW 241 (TS)

T. Neha Singh v. T. Heera Singh

2024-03-27

LAXMI NARAYANA ALISHETTY

body2024
ORDER : Laxmi Narayana Alishetty, J. 1. This Transfer Civil Miscellaneous Petition is filed by the petitioner-wife seeking transfer of G.W.O.P.No.63 of 2019 from the file of the I Additional Family Court, City Civil Court, Hyderabad, to the Principal Family Court, Ranga Reddy District, L.B.Nagar. 2. Brief facts leading to filing of the present transfer petition are that the marriage of the petitioner-wife was solemnized with the respondent-husband on 09.12.2009 and out of their wedlock they were blessed with 03 female children. In view of the harassment and differences, the petitioner filed a complaint against the respondent before the Police, Kulsumpura, Hyderabad, and the same was registered as FIR No.261 of 2022, dated 13.10.2022, for the offences punishable under Sections 323 and 506 I.P.C. Thereafter, the respondent filed GWOP No.63 of 2019 on the file of the I Additional Family Court, City Civil Court, Hyderabad, for custody of the children and also FCOP.No.710 of 2019 before I Additional Family Court, City Civil Court, Hyderabad, for grant of divorce and both the cases are pending for adjudication. 3. It is stated that five cases filed by the petitioner-wife against the respondent-husband and others are pending adjudication before the Ranga Reddy Court, L.B.Nagar, the details of which are as under: Sl. No Case Nos. Court Name under sections 01 O.S.No.1189 of 2017 V ADJ Ranga Reddy Suit for partition 02 DVC No.17 of 2022 VII MM Ranga Reddy at Hayatnagar DVC Case 03 C.C.No.3349 of 2020 III MM Ranga Reddy at L.B.Nagar 498 – A Cr.P.C 04 M.C.No.15 of 2022 Judge, Principal Family Court, RR District. Maintenance 05 GWOPSR No.6782 of 2022 Judge, Principal Family Court, R.R.District Custody of Minor Girl 4. The petitioner stated that she along with her minor child is residing with her parents at Vanasthalipuram, Ranga Reddy District and therefore, it is very difficult for her to attend the Family Court, Hyderabad on each and every date of hearing with the assistance of her old age parents. The petitioner further stated that she has a life threat to her if she attends the Court at Hyderabad, since the respondent-husband politically influenced person and having criminal antecedents. Hence, the present Transfer C.M.P. is filed. 5. Heard Sri Kongala Mohan Goud, learned counsel for the petitioner, and Sri Y. Balaji, learned counsel for the respondent. Perused the material available on record. 6. Hence, the present Transfer C.M.P. is filed. 5. Heard Sri Kongala Mohan Goud, learned counsel for the petitioner, and Sri Y. Balaji, learned counsel for the respondent. Perused the material available on record. 6. During the course of hearing, learned counsel for the respondent-husband submitted that the respondent- husband has no objection for transfer of GWOP No.63 of 2019 filed by him pending on the file of the I Additional Family Court, City Civil Court, Hyderabad, to the Principal Family Court, Ranga Reddy District, L.B.Nagar. 7. 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." "10. 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." 8. Having regard to the law laid down by the Hon'ble Apex Court and since the counsel for respondent-husband has expressed no objection for transfer of the case, this Transfer C.M.P. is allowed and GWOP No.63 of 2019 pending on the file of I Additional Family Court, Hyderabad, is withdrawn and transferred to the file of the Principal Family Court, Ranga Reddy District, L.B.Nagar, for disposal in accordance with law. 9. 9. The learned I Additional Family Court, City Civil Court, Hyderabad, shall transmit the entire original record in G.W.O.P. No.63 of 2019, duly indexed, to the Principal Family Court, Ranga Reddy District, L.B.Nagar, preferably within a period of one month from the date of receipt of a copy of this order. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.