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2025 DIGILAW 808 (TS)

Busa Rajashekhar v. Busa Sandhya

2025-06-09

LAXMI NARAYANA ALISHETTY

body2025
ORDER : LAXMI NARAYANA ALISHETTY, J. This Transfer Civil Miscellaneous Petition is filed seeking to transfer FCOP.No.669 of 2024 pending on the file of the I Additional Family Court, Kalpataru, Hyderabad to the Additional Family Court, Ranga Reddy District at Kukatpally. 2. Heard Ms. K.Krishnaveni, learned counsel for petitioner, and Ms Nikat Sajida, learned counsel for respondent. 3. The brief facts of the case, shorn-off unnecessary details, required for adjudication of this Tr.C.M.P., as averred by the petitioner in the affidavit filed in support of the Tr.C.M.P., are that he and respondent are husband and wife; that their marriage was solemnized on 14.05.2006 at Hyderabad; that they were blessed with a female child; that subsequently, disputes and quarrels on trivial issues arose between him and the respondent, as such, the respondent-wife filed OP.No.669 of 2024 on the file of I Additional Family Court, Kalpataru, Hyderabad, seeking divorce and also filed MC.No.27 of 2024 on the file of Additional Family Court, Ranga Reddy District at Kukatpally; that further, the petitioner filed FCOP.No.276 of 2024 on the file of Additional Family Court, Ranga Reddy District at Kukatpally for restitution of conjugal rights; and that all the said cases are pending. 4. The petitioner-husband further averred that presently, he is residing at Chandanagar, Hyderabad and the respondent is residing at Kethaki Sangameswara Colony, Sanga Reddy and as such, if the case-FCOP.No.669 of 2024 pending on the file of I Additional Family Court, Kalpataru, Hyderabad is transferred to the Additional Family Court at Kukatpally, Hyderabad, it will be convenient for both the parties and hence, prayed to allow this TrCMP. 5. Learned counsel for the petitioner apart from reiterating the averments made in the affidavit, submitted that petitioner is residing at Chandanagar, Hyderabad and is a software engineer and hence, due to his hectic work and the long distance between his place of residence and the Court at Kalpataru, Hyderabad, it is very difficult for him to attend the Court proceedings at Kalpataru, Hyderabad on each and every date of hearing of the FCOP.No.669 of 2024 and therefore, learned counsel prays the Court to transfer the FCOP.No.669 of 2024 pending on the file I Additional Family Court, Kalpataru, Hyderabad to the I Additional Family Court, Ranga Reddy District at Kukatpally, where two other cases, viz., MC.No.27 of 2024 and FCOP.No.276 of 2024 are pending. 6. 6. Per contra, learned counsel for the respondent-wife submitted that the respondent is residing along with her parents at Sangareddy and she is wholly dependent on her old aged parents for sustenance of herself and her daughter and therefore, it will be financial burden on her parents and further, also inconvenient for her to travel from Sangareddy to attend the Court proceedings in the Court at Kukatpally on every date of hearing. Learned counsel further submitted that OP and DVC filed by the respondent-wife are pending in the Courts at Kalpataru, Hyderabad and in view of existence of Integrated Family Courts Complex at Kalpataru, Hyderabad, which are exclusively for matrimonial disputes, if all the cases pending between the present parties, i.e., OP filed by the petitioner/husband for restitution of conjugal rights and MC filed by the respondent in the Courts at Kukatpally are transferred to the Courts at Kalpataru, Hyderabad, it would be convenient for both the parties to attend the Court proceedings in the said cases. By contending thus, learned counsel prayed to transfer MC.No.27 of 2024 and FCOP.No.276 of 2024 pending on the file of Additional Family Court, Ranga Reddy District at Kukatpally to I Additional Family Court, Kalpataru, Hyderabad. 7. This Court gave its earnest consideration to the arguments advanced by learned counsel for both the parties and persued the record. 8. The present application is filed by the husband seeking transfer of FCOP on the ground of inconvenience for him to travel from his place of residence to attend the Court proceedings at Kalpataru, Hyderabad. On the other hand, the respondent-wife filed counter seeking transfer of the cases vice versa i.e., from the Court at Kukatpally, Hyderabad to the Court at Kalpataru, Hyderabad. 9. The grounds on which the petitioner-husband sought for transfer of the FCOP are untenable and deserve no consideration. 10. It is settled principle of law and that there are catena of decisions of the Hon’ble Supreme Court and other High Courts to the effect that in matrimonial matters/disputes, while considering the application for transfer of the proceedings from one Court to another Court, the Courts must give preference to the convenience of the wife over the convenience of the husband. 11. 11. However, it is pertinent to note that the present TrCMP is filed by the petitioner-husband, therefore, the respondent-wife is not entitled to grant of any relief as sought for by her in the counter. 12. Furthermore, a bare perusal of record reveals that OP filed by the respondent-wife seeking divorce and the OP filed by the petitioner-husband seeking restitution of conjugal rights are pending in the Courts at Kalpataru and Kukatpally, respectively. Obviously, the issues involved are to be decided in both the said OPs would be interconnected as the findings given in one OP will have bearing on the findings given in the other OP. Therefore, in the interest of justice and to avoid conflict of findings/opinions and decisions, this Court deems it appropriate and justifiable if the aforesaid OPs filed by both the parties are tried by one Court. 13. Accordingly, this TrCMP is allowed and FCOP.No.669 of 2024 pending on the file of the I Additional Family Court, Kalpataru, Hyderabad is transferred to the Additional Family Court, Ranga Reddy District at Kukatpally. 14. The Judge, I Additional Family Court, Kalpataru, Hyderabad, shall transmit the entire original record in FCOP.No.669 of 2024, duly indexed, to the Judge, the Additional Family Court, Ranga Reddy District at Kukatpally, preferably within a period of one month from the date of receipt of a copy of this order. On such transfer, the Judge, Additional Family Court, Ranga Reddy District at Kukatpally, shall club FCOP.No.669 and 276 of 2024, conduct joint trial and dispose of the matters in accordance with law. 15. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.