Allowed

Smt.Lagisetti Dhanasri Urmila v. Sangepu Ravikiran

Telangana HC14 Sept 2022TRCMP/68/2022

Case brief

AI extract

What is this about?

The Court allowed a transfer petition under Section 24 CPC and Section 19 of the Hindu Marriage Act, directing the restoration of conjugal rights case to be shifted from Hyderabad to Khammam where the wife resides, citing convenience of the wife and minor child.

What did the court decide?

FCOP No. 130 of 2022 pending before Family Court, Kukatpally to be withdrawn and transferred to the file of the Judge, Family Court at Khammam.

Smt.Lagisetti Dhanasri Urmila Vs Sangepu Ravikiran — Matrimonial and Divorce | Telangana HC (2022)

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[3218 ]

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IN THE HIGH COURT FOR THE STATE OT TELANGANA AT HYDERABAD

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WEDNESDAY,THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND EruO TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY

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Between:

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TR.C.M.P.N O:68 OF 2O22

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smt'Lagisetti Dhanasri Urmira, w/o Sri _sangepu Ravikiran D/o sri Laoisetti venkateswartu Aoed 30 vears, occ. eant" Emproyee nl"-'d_s"_50's:"ijFij cotony Near c. S.i cnurcr,' xh;;"p;;r ;;i;;"ri-' v rvrr ' iif,)'ilpr.r, \r rqr rql Haveti Ma ndat, Khammam Khammam District

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...PETITIONER

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AND

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Sangepu Ravikiran. S/o S n,Sangepu Venkatesham Aged about 34 years, Occ. Software Enoineer R/o E-17, l.D.p.L. Colony,- Near Wai.er'iani Balanagar, HyderabiO.

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...RESPONDENT

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Petition Under Section 24 of the C.p.C Praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to transfer the F.c.o.p.No.130 0f 2022 which is pending on the fire of the Learned Honorabre Famiry court Judge, Rangareddy District at Kukatpaly to the court of the Honorable Family Court at Khammam, Khammam District.

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IA NO: 10F 2022

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including my appearance in F.c.o.p.No. 130 of 2022 on the file of the Learned Honorabre Famiry court Judge, Rangareddy District at Kukatpally, pending disposal of the transfer CMp in the anterest of justice.

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Counsel for the petitioner : SRI KOWTURU PAVAN KUMAR

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Counsel forthe Respondent : p R MANOHAR

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The Court made the following: ORDER

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tr S C I

THE HON'B].E SRI JUSTICE A. VENKATESHWARA REDDY Tr.C.M.P.N o.68 of 2022

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ORDER:

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The petitioner/wife has filed this Transfer Civil Miscellaneous Petition under Secti on 24 of the Civil Procedure Code, 1908 (for short^,CpCJ with a prayer to withdraw FCOP No 130 of 2022 pending on the fiie of the learned Juclge , Family Court, Medchal-Malkajgri District at Kukatpall.v and to transfer the same to the Judge, Family Court at Khantmam and to pass any such other orders, as this Court deems fit and proper.

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Notice sr:rl,ed on the respondent/husband and he liled a detailed counter.

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Heard ttre learned counsel on both sides. The submissions lnade on either side have received due considerirtion cl this Court. Perused the material available on record

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Tl.re petiti,rner/rrvife has filed this Tr.CMp alleging that she is tl-re legall,1. n,edded wife of the respondent, their marriage tool< plerce on O1.12.2O16 and out of the wedlock,

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AVRJ TT.CMP No.68 of 2022

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she <sup>/as blessed with a male child on 25.08.2020 and they led happy marital life for some time. However, at the instance of her in-laws, the respondent/husband started demanding money, since she was carrying pregnancy went to her parents house, in the meanwhile, she was promoted as Assistant Manager, Bank of India and now working at Khammam. While so, all of sudden the respondent has filed FCOP No.130 of 2022 for restoration of conjugal righrs before the Judge, Family Court at Kukatpally. It is causing lot ol inconvenience for her to attend on each and every date of hearing to the Court at Kukatpally lrom Khammam along vvith a minor child about 17 months, accordingly prayed ior withdrawal of FCOP No.13O of 2022 pending on the file ol the learned Judge, Family Court at Kukatpally and to transfer the same.to the Judge, Family Court at Khammam.

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This application is resisted by the respondent. He filed a detailed counter running into nine pagcs. The relevant facts required for this TT.CMP are that in March 2O2O $'hile the petitioner was carrying Srh month

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AVRJ Tr.CM I'] No.613 of 2022

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pregnancy, she went to her parents house and he used to go to Khamnlam very often to see the petitioner during weekends ancl whenever he visited Khammam, the father of the petitioner was insisting him to purchase all sorts of grocery items for his house and he used to purchase them by incurring huge expenditure. After the birth of a male child, he along with her mother travelled to Khammam to see the petitioner and the nervly born baby child and stayed there for a week. During that time, the father of the petitioner abused them in filthy language and also threatened his parents and sisters. After delivery ol the male child, the behaviour of the petitioner tou,ards him completely changed. The petitioner was on medical leave till February 2O2l and it was extended till March 2O2t. He visited the house of the petitioner at Khammam on 06.08.2021 to ascertain when she is planning to come to Hyderabad, at that time there was a galata and the parents of the petitioner used to abuse the petitioner and his parents in filthy language and made sevcral other allegations. Thus having vexed n,ith the trttitude of the petitioner, since she failed to^join his conjugal societ,r', he

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AVR.' TT.CMP No.68 of 2022

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has liled FCOp No.130 of 2022 for restoration of conjugal rights and prayed for djsmissal of Tr.CMp.

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The learned counsel for the petitioner/wife submits that it is causing lot of inconvenience to the petitioner/wife to commute from Khammam to Kukatpally on each and every date of hearing to attend the court case along with her minor child leaving her office and that in 'iew of her employment living with her parents, the petition may be allowed by transferring FCOp No. 130 of 2022 to tl_re Judge, Family Court at Khammam.

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Per contra, the learned counsel for the respondent/ husband seeks to submit that having vexed with the attitude of the petitioner/wife who was reluctant to join his conjugal societSr, the respondent has only rired FCop for restoration of conjugal rights and so far only one time she has appeared before the Court at Kukatpall-y on 15.03.2022, thereafter for the last six months thor-rgh the matter is posted for conciliation, she failed to appear belore the Family Court at Kukatpall-y, nrhich shov's the uttitude of the petitioner towards her husband. He further argued

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AVRJ TT.CMP No.68 of 2022

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that the respondent/ husband is willing to pay conveyance charges to the wife and minor child whenever she appears before the Farnily Court at Kukatpally and further stated that there is a threat to his life if the matter is transferred to Khammam Family Court and relied on the principles laid in CheJerla Snlckshml a. Chejerla Rq.mesh Babur.

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Undisput.edly, the petitioner is the legally wedded wife of the respondent and they u,ere blessed with a male child, now aged abor-lt two years. The petitioner is working as Assistant Man;tger, Bank of Indizr. Khammam branch and she is living with her parents under their protective umbrella. However, the contention of the respondent is that despite his best efforts, the petitioner lailed to join his conjugal society, thereby he is frrrced to file an application under Section 9 of Hindu Marriage Act only for restitution of conjugal rigl-rts before the Famil.y Court at Kukatpally. Since there is no response from the petitioner, he has filed that OP for restoration of conj utgal rights and that if the matter is transl'erred to Khammam, there is a threat to his

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AVRJ TT.CMP No.68 of 2O22

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life and the wife is not entitled as a right for transfer of matrimonial disputes to the place where she is residing.

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9 . The petitioner is a ],oung iady, she is blessed with minor child, and she is w'orking as Assistant Manager in Bank of India, w.hereas the respondent is working as Software Engineer at Hyderabad. It may be stated that on a careful scrutiny of the entire material available on record, the respondent/ husband has resisted this Tr.CMp on two grounds that the u'ife is intentionaliy not attending the Court at Kukatpally and he is prepared to pay conveyance charges whenevcr she appears. Consequently, there is a threat to his lile if the matter is transferred from Kukatpally to Khammam.

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In this context, I may refer to the judgment of the Hon'ble Supreme Court of india in Sdngeethd. allas Shrega v. Prdsdlt Vijag Wa.rgiga2 nrherein it is held that if any threat perception is given to the respondent/husband, he is always at liberty to lodge a report before the police concerned or to complain bcfore the concerned Court and if 2 zoo+ ltll scc .ro7

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AVR.J TT.CMP No.68 of 2022

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any such complaint if made, it will be considered by the Court or by the concerned police on its own merits. It is further held that between husband and wife, the convenience of the wife and minor child must prevail.

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In N.C.V. Aishwarya u. A,S, Sa;olona Karthik Shas the Apex Cor: rt while dealing with the similar facts held that the applicant/wife who is young lady aged about 2l years staying alone along with her aged parents, it is dilficult for her to trar.el all the r.vay from Chennai to Veilore to attcnd the court proceedings of the case filed by the respond ent/ 1-r usband seeking annulment of marriage, accordingly, considering the convenience of the wife transferred the matter from the Family Court, Vellore to the jurisdictiorral Family Court at Chennai.

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The Apr x Court further held that the cardinal principle for er-ercise of power under Sectioo 24 of C.P.C. is that ends of justice should demand the transfer of the suit, appeal or othcr proceedings and in matrimonial disputes r'r'heneve r cour ts are called upon to consider the plea of

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r 2022 Lir.. Lair (S( J 627

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AVR.I TT.CMP No.68 of 2022

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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 out their livelihood and under whose protective umbrella they are seeking their sustenance and that given the prevailing socio economic paradigm in the Indian society generally it is the wife's convenience which must be looked into at r,r'hilc considering the transfer application.

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That apart, Section 19 (iii)(a) of the Hindu Marriage Act, 1955 provides that a wife is entitled to prosecute the matrimonial disputes before the jurisdictional court where she is presently living. In the factual matrix of the case on hand, in vierv of the principles laid by the Apex Court in the above decisions, in my considered opinion, the principles laid in the decision relied by the learned counsel for the resporrdent/ husband are not applicable to the facts of the prescn t case.

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Thor-rgh the learned counsel for the respondent has alleged that there is a threat to the life of the respondent if

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AVRJ TT.CMP No.68 of 2022

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the FCOP is transferred to Khammam, till date no such criminal complaint is filed before the police at Khammam or before the Court at Khammam. Be it stated that even if any such threat is given, the respondent is always at liberty to initiate appropriate legai action against the concerned including the petitioner or her famil-y members. In that view of the matter, considering the principles laid by the Apex Crturt in the above decisions and scheme of the Hindu Marriage Act, I find justification in the request of the petitioner/wife for withdrawal of FCOp No. t30 of 2022 pending on the file of the Judge, Familr,. Court at Kukatpally and to transfer the same to the Judge, Famill. Court at Khammam.

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In the result, the Transfer Civil Miscellaneous petition is allowed. FCOP No.130 of 2022 pending on the file of the learned Judge, Family Court, Medchal-Malkajgiri District at Kukatpally is ordered to be withdrawn and transferred to the fiie of the learned Judge, Family Court at Khammam, for disposal in accordance u,ith [au.. The learned Judge, Family Court at Kukatpally shall transmit

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AVRJ 'I'r.CMP No.6B ot 2022

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the entire record in FCOP No. 130 of 2022 dwly indexed, within one month from the date of receipt of copy of this order. However, in the circumstances of the case, there shall be no order as to costs.

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As a sequel, interlocutory applications, il an1, pending in this Tr.CMp shall stancl closed.

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Sd/.N.CHANDRA SEKHAR RAO //TRUE coPY//^{ASSrsr2UrE::11:::}

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ro,

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I Il:|l.ilv^{Court Jud_ge, Rangareddy} District ar z. rne ramily Court at I i^pr ;i' r^{:,ni r"JLflsJ;fnqffi,,u$fi,llfilT*];} B.,l*o^{cD Copies}

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HIGH COURT