T. Sowmya Padamatinti Sowmya vs Therela Abhishek

The petitioner-wife has filed this transfer petition under Section 24 of Code of Civil Procedure seeking withdrawal of FCOP No.565 of 2020 pending on the file of Judge, Family Court, at Hyderabad, and to transfer the same to the Court of Senior Civil Judge, at Siddipet, Medak District.

The main averments of the affidavit filed in support of the petition are that the marriage of the petitioner with the respondent was performed on 11.08.2017 as per the prevailing customs in their community. The respondent has filed this O.P. for dissolution of marriage at Hyderabad. The petitioner is residing with her parents at Siddipet which is more than 100 kilometers distance from Hyderabad. The respondent is not paying any amount towards maintenance. It causes lot of inconvenience and hardship to her to attend the Court on each and every date of hearing.

Heard on both sides.

The point for consideration is - "whether the petitioner is entitled for the relief as prayed for?"

Admittedly, the petitioner is legally wedded wife of the respondent. Their marriage was solemnized on 11.08.2017. As on date, the petitioner is living with her parents as she was deserted by the respondent-husband and that the respondent has filed O.P.No.565 of 2020 seeking dissolution of marriage.

The petitioner has also filed a case in Crime No.161 of 2020 for the offence under Section 498A IPC and Sections 3 and 4 of Dowry Prohibition Act before the Police Siddipet II Town. She filed a petition vide O.P.No.144 of 2020 for restitution of conjugal rights which is pending on the file of Senior Civil Judge, Siddipet. She has also filed domestic violence case which is pending on the file of Additional Judicial Magistrate of First Class, Siddipet.

It is a fact that the distance between Siddipet and Hyderabad is beyond 100 kilometers, the respondent husband has not asserted anywhere that he has been paying maintenance to his wife either in DVC case or in any other proceedings.

The Hon'ble Supreme Court in Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi (2005) 12 SCC 237 while dealing with transfer proceedings of matrimonial dispute held that in this type of matters, convenience of wife

is to be preferred over the convenience of husband and accordingly transferred the HMOP pending before the Civil Judge (Senior Division) at Panvel, to the Family Court of proper jurisdiction, at Satana, Madhya Pradesh.

Therefore, having regard to the facts of the case, scheme of Hindu Marriage Act, convenience of wife, Section 24 of Code of Civil Procedure, I deem it fit to withdraw the FCOP No.565 of 2020 pending on the file of Judge, Family Court, City Civil Court, at Hyderabad, and to transfer the same to the Court of Senior Civil Judge, at Siddipet, for disposal in accordance with law, along with O.P.No.144 of 2020 pending on the file of that Court.

In the result, the Transfer CMP is allowed, and the FCOP No.565 of 2020 pending on the file of Judge, Family Court, City Civil Court, at Hyderabad, is hereby withdrawn and transferred to the Court of Senior Civil Judge, at Siddipet, for disposal in accordance with law along with O.P.No.144 of 2020 pending on the file of that Court. No costs.

The Judge, Family Court, City Civil Court, Hyderabad, is directed to transmit the entire record in FCOP No.565 of 2020, duly indexed, to the Court of Senior Civil Judge, at Siddipet, within one month from the date of receipt of a copy of this order. Miscellaneous petitions, if any pending in this transfer petition, shall stand closed.