Mannam Sudha vs Mannam Murali

Venuthurumalli Gopala Krishna Rao, J

The petitioner/wife filed the present petition under Section 24 of the Code of Civil Procedure, 1908, seeking to withdraw the H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the Judge, Family Court at Guntur, for trial.

The case of the petitioner in brief is as follows:

I. The petitioner is none other than the wife of the respondent/husband and their marriage was performed on 20.02.2014, as per Hindu Rites and Caste Customs. In view of the matrimonial disputes in between both the spouses; the petitioner/wife has been residing at her parents’ house at Guntur. The petitioner/wife pleaded that she filed F.C.O.P.No.553 of 2024 on the file of the Judge, Family Court at Guntur, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and she also filed a Domestic Violence Case vide (C.F.R.No.4319 of 2024) on the file of the Special Judicial Magistrate of First Class at Guntur, and the said two cases are is pending for adjudication before the competent Courts at Guntur.

II. The petitioner/wife further pleaded that, to cause unnecessary inconvenience to her, the husband/respondent filed H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District, under Section 13(I) (ia) (ib) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication.

III. The petitioner/wife further contended that, the distance between Guntur and Kandukur is approximately more than 100 Kms, she being a women and depending upon her parents at Guntur, it is very difficult for her to travel from Guntur to Kandukur to attend the Court proceedings on each and every adjournment before the said Court without any male support and that she was constrained to file the present Transfer Civil Miscellaneous Petition seeking to withdraw the H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the Judge, Family Court at Guntur.

Heard learned counsel appearing on both sides.

Learned counsel for the respondent opposed to transfer the case i.e., H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District, to the Judge, Family Court at Guntur.

Perused the material available on record.

The material on record prima facie goes to show that, the petitioner/wife she has instituted two (2) cases against the respondent/husband i.e., F.C.O.P.No.553 of 2024 on the file of the Judge, Family Court at Guntur, under Section 9 of Hindu Marriage Act, 1955, seeking restitution of conjugal rights and Domestic Violence Case vide (C.F.R.No.4319 of 2024) on the file of the Special Judicial Magistrate of First Class at Guntur and the respondent/husband is also attending the case proceedings before the said competent Courts at Guntur. It is also noticed that the respondent/husband has filed H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District, under Section 13(I)(ia)(ib) of Hindu Marriage Act, 1955, seeking dissolution of the marriage and the same is also pending for adjudication.

Admittedly, both the cases have to be tried by the same Judge and the petitioner/wife herein approached this Court seeking to withdraw the divorce case which is filed by the respondent/husband and transfer the same to the Judge, Family Court at Guntur.

The Apex Court in a case of N.C.V. Aishwarya Vs A.S. Saravana Karthik Sha 2022 LiveLaw (SC) 627 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.”

On considering the submissions made by the learned counsel appearing for both sides and on considering the facts and circumstances of the case, since the petitioner/wife has been residing at her parents’ house at Guntur. In view of the ratio laid down in the aforesaid case law that in matrimonial proceedings, the convenience of the wife has to be taken into consideration than that of the inconvenience of the husband. Therefore, I am of the considered view that there are justifiable grounds to consider the request of the petitioner/wife seeking to withdraw the H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District and transfer the same to the Judge, Family Court at Guntur, Guntur District.

In the result, the Transfer Civil Miscellaneous Petition is allowed and the H.M.O.P.No.61 of 2022, on the file of the Senior Civil Judge, Kandukur, Prakasam District, is hereby withdrawn and transferred to the Judge, Family Court at Guntur. The learned Senior Civil Judge, Kandukur, Prakasam District, shall transmit the case record in H.M.O.P.No.61 of 2022 to the Judge, Family Court at Guntur, Guntur District, duly indexed as expeditiously as possible preferably within a period of one (01) week from the date of receipt of a copy of this order. Both the parties are directed to appear before the Judge, Family Court at Guntur, Guntur District, on 12.02.2025, at 10:30 a.m. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed.