Dismissed

Smt.Bitla Sravanthi , Gunduru sravanthi v. Bitla Srinivas and another

Telangana HC6 Sept 2022TRCMP/130/2022

Case brief

AI extract

What is this about?

The High Court considered two petitions to transfer matrimonial proceedings between Nizamabad and Kamareddy. Citing the convenience of the deserted wife residing with her parents and Supreme Court precedents favoring the wife in such disputes, the Court allowed the transfer of the divorce petition to Kamareddy while dismissing the husband's transfer application.

What did the court decide?

FCOP No. 5 of 2021 withdrawn from Judge, Family Court Nizamabad and transferred to Senior Civil Judge Kamareddy. Husband's application (Tr.CMP No. 218) dismissed.

Smt.Bitla Sravanthi , Gunduru sravanthi Vs Bitla… — Matrimonial and Divorce | Telangana HC (2022)

¶1

[³²¹⁸ ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

TUESDAY ,THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE A.VENKATESHWARA REDDY

¶6

Tr.CMP.No.130 and 218 ot 2022

¶7

Tr.CMP.No.'t30 of 2022

¶8

Between:

¶9

Smt.Bitla Sravanthi @ Gunduru sravanthi, W/o Bitla Srinivas age.28 , years,occ. House Hodld R/o H.No.3-3-453, near siddivinayaka temple, Gayathrinagar, Nizamabad town, presently residing at at LIG -23 housing Board colony, Kamareddy town and district.

¶10

...PETITIONERYS

¶11

AND

¶12

Bitla Srinivas, S/o Satyanaryana, age.33 years, Occ.Software Engineer in TATA Consultancy Service, Gachbowli, Hyderabad r/o H.NNo.3-3-453, Near Siddivinayaka Temple, Gayathrinagar, Nizamabad.

¶13

Jakka Srikanth, s/o Jakka Chinna Gangadhar age.32 years, occ.Private Service, r/o H.No.5-8287/4, Ashok Nagar, Kamareddy,

¶14

( Respondent No.2 is not a necessary party to this TR CM P)

¶15

...RESPONDENT/S

¶16

Petition Under Section 24 of the C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to withdraw F.C.OP No. 5 of 2021 lrom Hon'ble Family Judge Court at Nizamabad and transfer the same to the Senior Civil Judge at Kamareddy District.

¶17

lA NO: 1 OF 2022

¶18

. Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to stay all further proceedings in F.C.O.P.No.5 of 2021 from Hon'ble Family Judge Court at Nizamabad.

¶19

--7

¶20

Tr.CMP.No.21 8 of 2O2

¶21

Between:

¶22

Bitla Srinivas, S c. Bitla Satyanarayana, Aged about 34 '7ear:; Occ. Private Service, R/o. H.l o 3-3-300/'1 , Gayathrinagar, Nizamabad^-l-elangana.

¶23

..^PETITIONER

¶24

AND

¶25

'1 . Smt. Bitla Srvan ri @ Guduri Sravanthi, Wo. Bitla Sriniva ; AgeC. 29 years, Occ. Private Selice, Fl/o. H.No. L.l.G.-23, Housing Boarc,lolo^y, Kamareddy.

¶26

Bitla Visjwateja, i/o. Bitla Srinivas Aged about 3 years, m rror, R/o. H.No. L.l.G.-23, Housir 3 Board Colony, Kamareddy.

¶27

..Rt:SPONDENTS

¶28

Petition Under^I eclan 24 of the C.P.C. Praying that ir l're c:ircumstances stated in the affidavit fi :d tlrerewith, the High Court may be^ple zrsed 1o transfer the said divorce case filed ry the 1ST Respondent herein in M. C.^rk:r. 1t: of 2021 frcm the Hon'ble Addl Judi ial l:irst Class Magistrate at Kamareddy to l-1on'ble Family Judge, Family Court at Niz:rmabad in the interests of^justice.

¶29

lA NO: 1 OF 2022

¶30

Petition under S )cticn 151 CPC praying that in the circrrn-rsta nces stated in the affidavit filed in su; port of the petition, the High Coud ma) be pleased to stay all further proceedingr in lvl. C. No. 16 of 2021 on the file rf Honourable Addl Judicial First Class IV rgistrate At. Kamareddy, pending disrr,: sal of the above case.

¶31

These Petitions coming on for hearing, upon perusing th,: aftidavit filed in support thereof and pon hearing the arguments of Sri^(;. Rajeshwar Rao, Advocate for the Petiti rners and of Sri Anup Koushik Karava, t , Advocate for the Respondent No.1 and one appeared forthe Respondent No.2

¶32

The Court made the f< llowing: COMMON ORDER

¶33

¶34

THE HON,BLE SRI JUSTICE A. VENT(ATESHWARA REDDY TT.CMP Nos.l30 and 218 of 2022

¶35

COMMON ORDER:

¶36

Transfer Civil Miscellaneous Petition (Tr.CMP) No. 130 of 2022 is filed by the wife against the husband under Section 24 of tl;e Civil Procedure Code, 1908 (for short 'CPC') with a prayer to withdraw FCOP No.S of 2O2l pending on the file of the learned Judge, Family Court at Nizamabad and to transfer the same: to the learned Senior Civil Judge at Kamareddy.

¶37

Whereas, TT.CMP No.218 of 2022 is filed by the husband against the wife with a prayer to withdraw M.C.No.16 of 2O2l pending on the file of the Additional Judicial First Class Magistrate at Kamareddy and to transfer the same to the learned Judge, Family Court at Nizamabad to be tried along with FCOP No.5 of 2O2l pending on the file of that Court.

¶38

The main averments of the afficlavit of the wife filed in support of TT.CMP No.13O of 2O21L are that she is the legally wedded wife of her husbantl, their marriage^was

¶39

Page 2 of 10

¶40

A.VRJ TT.CMP Nrrs 1a(t & 2 A of 2022

¶41

performed or . 0!).05.20 18, out of the wed-loc I th,r-\I ulere blessed with a male child viz Vishwatcja, 'rho is aged about three ve€rs. Lzrter, her husband anr his lamily members h rve pressurised her with a r [e mand for additional dt wrv and :Lttempted to kill he'r, sht: was made to leave the conrpany of her husband and fir rally started living with h :r parents. Thereafter, her husb,rnd liled OP No.5 of 202 I trn,ler Section 13 (1)(ia) and (ib) ,r tht: Hindu Marriage Act 1Cr55. Sihe has Iiled M.C.No.16 <:f 2r)21 on the file ol Ju .icierl First Class Magistrate al Kz:r ri,rerldy and she has also file<l a criminal case in Crime No.1 ,77 rtl 2O2l for the offer ce punislrable under Section 4 )t;-A of the Indian Penal Code, 1860 (for short 'IPC'), whic I is pending on the file o1 the Special Mobile Court at Kamirr,:dclr'. She being a won an not able to attend the Fami v Court for every date c' he:aring by commuting from KiLmar,:ddy to Nizamabad c zer distance of more than B0 k.m. :;"ccrtrdingly prayed lor b lnsfer of FCOP No.5 of 2027 pet ding on the file of the Jr 1ge, Family Court at Nizamabad ,t thc Court of the Sen cr Civil Judge at Kamareddr'^.,vht:re the maintenance case and another criminal case al() pending

¶42

Page 3 of 10

¶43

AVRJ TT.CMP Nos. I30 & 2I8 ot 2022

¶44

The main averments of the affidavit filed by the husband in support of TT.CMP No.2lB of 2022 are that the respondent No.1 is his legally weddt:d wife, their marriage took place on 09.05.2018. However, he has made certain other allegations stating that she was in love with one Jakka Srikanth of her village prior to their marriage and also she was in physical relationship and left the house on 19.11.2018 and never turned to join the matrimonial society, a palchayat was also held eind finaliy he has filed FCOP No.5 of 2O2l on the file of the learned Judge, Family Court at Nizamabad, wherein Jakka Srikanth is made a second respondent. The wife has liled a false case for the offence punishable under section 498-4 of IPC and MC No-16 of 2O2l at Kamareddy only as a counter blast to the FCOP No.S of 2021, accordingly prrryed for withdrawa-l of MC No.16 of 2O2l pending on the filt-' of Additiona-l Judicial First Class Magistrate at Kamareddy and to transfer the same to the Family Court at Nizamabad.

¶45

Heard the learned counsel on both sides in both the Tr.CMPs. The submissions made on either side and the

¶46

Page 4 of 10

¶47

A VIt.' TT.CMP Nrrs | 1O &,2 :,1 of 2022

¶48

¶49

averments o the counter filed by the first^': spondent/ husbarrd in TT.CMP No.130 of 2022 have Iereirt:d due consideratior ol :his Court.

¶50

'lhe lc; rned cou.nsel for the petitione ri hi-rstrand ln TT.CMP No.2 8 ctf 20111 strenuously contends^-at there is a threat to 1re life of husband, if FCOP No.;^,rf .:02 1 1S transferred f om the Jtrdge, Family Court at Ni:z;mzrbad to the Senior C vil .Iudge at Kamareddy and that ir: fact he is taking steps for transl'er of Domestic Violenc, r Case from Kamareddy 1r N Damabad and that there are l(' m,rrits; in the request r I the wife for withdrawal and trarr;f::r ol FCOP No.5 of 2021 frorn Nizamabad to Kamareddy.

¶51

Per con ra, the lezuned counsel for the u,i t: vvho is the transfer pet -ioner in TT.CMP No.13O of 2O.>.il s.,eks to submit that rs per Section 19 (iii)(a) of the Hinctrr l\larriage Act, r.lrife is r ntitled to prosecute her matrimru rLr,rl rlisputes before the ju isd.ctional court where she starte i living after separating fi rm her husband, that the wife is living along with her mi ror child with her parents and r;he has no source of i rcorne, ttre respondent has nc t p:ird any

¶52

Page 5 of 10

¶53

AVRJ TT.CMP Nos. l30 & 218 of 2022

¶54

maintenance to her or to her minor child and accordingly prayed to consider the request of the petitioner/ wile in TT.CMP No.130 of 2022.

¶55

B. On a careful perusal of the averments made in the affidavits filed in support of both TT.CMP No.218 of 2022 filed by the husband and TT.CMP No.13O of 2022 filed by the wife, it is found that the rel€rtionship between the parties is not in dispute. It is also not in dispute that they were blessed with a male child who is with the petitionerwife. However, the contention of the husband is that if FCOP is withdrawn from the Ju<lge, Family Court at Nizamabad and transferred to the Senior Civil Judge's Court at Kamareddy, there is every possibility of his wife or her relatives threatening him and tl'rere is a threat to his life and that all the cases at Kamareddy are filed subsequent to FCOP No.S of 202 1.

¶56

Be that as it may, wife is entitled to prosecute the matrimonial disputes before the Jurisdictional Courts where she is living after she is deserted by her husband. Undisputedly, wife along with her minor child^are livingⁱⁿ

¶57

Page 6 of 10

¶58

/ VR.I TT.CMP Nos.l:(. &,'- 8 o1 2022

¶59

the limits of^(arrLareddy with her parents and ;tre is, under their protec ir, e umbrella. Thus the "r'ife s a young unemployed ad1 and totally depending or-r her l)ar,rnts for her sur'" ival tlong with her minor child. [t is r<,t ttre case of the husba rd t hat either he is paying mainte ::rncc to his wife or to h s rninor child or that his wife . r,; gainfully employed an, able to maintain herself and her rinor child.

¶60

In this context, I may refer to the judgnent of the Hon'ble Supt :rnc Court of India in Sangeetha <tlias Shrega u. Prasant 9 iag Wargiycl wherein it is helrl llrat if .rny threat perceJ tior': is given to the respondent/l r-: sb:rnd, he IS always ,.1 lifr:rt5l to lodge a report befor'( rhe police concerned or to complain before the concern,:cL Court. If any such cor rpleLint is made, it will be consider-ed by the Court or by he concerned police on its own nerits. It is further helc that between husband and u.ift,. the convenience r f the wife must prevail.

12oo+ ltsy scc 4 )7

Page 7 of 10

AVR.J TT.CMP Nos. l3O & 218 of 2022

¶65

In lV.C. V. Aishutarya u. e.S. Stzrauq.nq. Ko'rthik Shoz the Apex Court while dealing with the similar facts heid that the applicant/wife who is yourrg lady aged about 21 years staying alone along with her aged parents, it is difficult for her to travel all the way fr-om Chennai to Vellore to attend the court proceedings of the case filed by the respondent/husband seeking alnulment of marriage, accordingly, considering the convenience of the wife transferred the matter from the Family Court, Vellore to the jurisdictional Family Court at Chennai.

¶66

!2.^The Apex Court^{further held} that the^cardinal principle for exercise of power under Section 24 of C.P.C. is that ends of justice should demand the transfer of the suit, appeal or other proceedings and in matrimonial disputes whenever courts are called upon to consider the plea of transfer, the courts have to take into consideration the social strata of the spouses, their behavioural pattern, their standard of life prior to marriage and subsequent thereto and circumstances under which both the parties are eking

¶67

2.2022 Liue t aw (SC) 627

¶68

Page 8 of 10

¶69

/\,/ RJ TT.CMP Nos.I l3 & 218 ot 2022

¶70

out their livr ihood and under whose protectr;e u:nbrella thel itr(l ser kin;3 their sustenance and thir gilr:n the prevailing so:io^,:conornic paradigm in the In'liare society gencralll, it ir l.he: wife'r; convenience whici'r mu;t be looked into at uhile :onsidering the transfer applicati,; r.

¶71

Thus, i r czrse of any threat either fronr the ',vife or from her lam 1.1' raembr:rs, the husband is alwav,.; at liberty to initiate ap rroprriate action against his wife cr her family members. Tl ere are tvrro other cases i.e., maint:naltce case and crimina case are pending at Kamarerlly'. In the course of arg rments, it is submitted by the learrr<:d ,:ounsel for the husbz nd :hat a Domestic Violence Case i:; also filed at Kamaredd ,, a;rd he is taking steps for tra ts,fer of the sarne to Niza rabad. Thus in all, there are thre. cas;,:s filed by the rvife ,enrling at Kamareddy wherein t tc hr,rsband has to cause his appearance. Therefore, if F( l()P lrlo.5 of 2021 ts witht ravn ald transferred to the file r f the Senior Civil Judge a K:Lmarerldy, it would be conveni:r.rt for both the parties a rcl they rnay appear all the rnattrrs frlrm one court compl, x, instead of appearing at vari('r.rs places.

¶72

Page 9 of 10

¶73

¶74

AVRJ TT.CMP Nos.l3O & 2fi of 2022

¶75

Apart from it, wife is entitled to prosecute her matrimonial disputes before the jurisdictional court where she started living after separating from her husband.

¶76

¶77

In that view of the matter, considering the principles laid by the Apex Court in the above decisions and the scheme of Hindu Marriage Act, I find justification in the request ol the petitioner/wife for withdrawal of FCOP No.5 of 2O2l pending on the file of the Judge, Family Court at Nizamabad and to transfer the same to the Senior Civil Judge at Kamareddy.

¶78

In the result, the Transfer Civil Miscellaleous Petition No.130 of 2022 filed by the wife is a-llowed. FCOP No.S of 2O2l pending on the file of the learned Judge, Family Court at Nizamabad is ordered to be withdrawn and transferred to the file of the learned Senior Civil Judge at Kamareddy for disposal in accordance with law. TT.CMP No.218 of 2022 filed by the husband is dismissed. The learned Judge, Family Court at Niztrmabad sha11 transmit the entire record in FCOP No.5 of 2O2l duly indexed,

¶79

Page 10 of 10

¶80

AVR.] Tr.CM['j Nos ):O &,, 8 ol2022

¶81

within one n onth from the date of receil)t of t;opy of this

¶82

order. Hou,er :r, lhere shall be no order as to ccs.t s.

¶83