Allowed

Kolanu , Anugula Deepthi Reddy v. Anugula Chandra Sekhar Reddy

Telangana HC15 Sept 2022TRCMP/69/2022

Case brief

AI extract

What is this about?

The High Court allowed a transfer petition seeking to move matrimonial proceedings from the Family Court, Ranga Reddy, to the Senior Civil Judge, Bhongir. The Court held that the wife's convenience dictates jurisdiction under the Hindu Marriage Act and Civil Procedure Code, permitting the transfer to be tried with her other pending petition in Bhongir.

What did the court decide?

FCOP No. 1277 of 2021 was withdrawn from Family Court, Ranga Reddy and transferred to Senior Civil Judge, Bhongir to be tried with HMOP No. 12 of 2022. No order as to costs.

Kolanu , Anugula Deepthi Reddy Vs Anugula Chandra… — Matrimonial and Divorce | Telangana HC (2022)

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[³²¹⁸ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE FIFTEENTH DAY OF SEPTEI/BER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.VENKATESHWARA REDDY

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TRANS. CVIL MISC.PETITION NO: 69 OF 2022

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Between:

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Kolanu @ Anugula Deepthi Reddy, W/o Anugula Chandra Sekhar^{Reddy, D/o} Kolanu Laxma Reddy, Aged 29^{years, Occ. Housewife,R/o Brahmanapally} Village, Bibinagar N4andal, Yadadri-Bhongir District,

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...PETITIONER

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AND

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Anugula Chandra Sekhar Reddy,^S/o Yadagiri^{Reddy,Aged about33 years,} Occ. Pvt. Employee, R/o H.No.1-93, Chinthapatla^{Village,Yacharam[,4andal,} R.R. district presently residing at^H.No.1 6-2-76,^{New Thirumala Nagar, Opp.} Sri Sri Homes, Almasguda, Balapur^{l,4andal,RangaReddy District.}

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...RESPONDENT

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Petition Under Section 24 (1) (b) of the C.P.C.^Praying that^{in the} circumstances stated in the affidavit filed^{therewith,the High Court maybe} pleased to transfer the OP.No.'1277 ol 2021 on the file of Family Court Judge, Ranga Reddy at L.B.Nagar to Hon'ble Senior Civil Judge,^{Bhongir and pass such} other order or orders as this Hon'ble Court deems^{just and necessary in the} circumstances of the case.

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This petition coming on fgr hearing, upon^perusing the^petition and affidavit filed in support thereof and upon hearing the arguments of Sri B. Mohan, Advocate for the Petitioner and of Sri Maram Anil^Kumar, Advocate^{for the} Respondent.

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY

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Tr.C.M.P.No.69 of 2022

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ORDER:

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The petitioner/ wife has filed this Transfer Civil Miscelierneous Petition under Section 24 of the Civil Procedrrre Code, 1908 (for short 'CPC') with a prayer lor w,ithdraw o[ OP No.1277 of 202 1 pending on the file of the learned Judge, Family Court, Ranga Reddy District at L.B Nagar and to transfer the same to the learned Senior Civil Judge at Bhongir for disposal in accordance with lau,.

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The petitioner/wife has filed this TT.CMP on 23.03.2022 alleging that she is the legally wedded wife ol the respondent, their marriage was performed on L9.O3.2O2O, marriage was consummated anC she gave birth to a child on 19.O2.2O22. At the time of marriage, the respondent told that he is working in Canada and getting salary of 60,000 dollars per annum. However, immediately after the marriage, he returned back from Canada, they led marital life for some time, thereafter the respondent started demanding for additional arnount. After one year again he 'went to Canada, later the petitioner's parents also sent her

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AVR.J IT.CMP No.69 of 2022

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to Canada, lived with her husband and she conceived, her pregnancy was confirmed. While so, on OB.0g.2O2 1 without informing her, the respondent returned back to India and thereafter, on O8.O9.2021 she came to India. Having vexed with the attitude of the respondent, she gave a report before the Police, Bhongir on 17.O9.2021 . Based on which, a case in Crime No.53 of 2O2 1 was registered for the olfences punishable under Sections 498-A, 406 arrd 506 IPC and Sections 3 & 4 of Dowry Prohibition Act. Later, based on the said crime, CC No.843 of 2O2I u,as numbered and pending before the Judicial First Class Magistrate at Bhongir. In the meanwhile, to overcome the same, the respondent has liled OP No. 1277 of 2O2l before the Family Court, Ranga Reddy District at L.B. Nagar for dissolution of marriage and she has filed OP No. 12 of 2O22for restitution of conjugal rights before the Senior Civil Judge at Bhongir, accordingly prayed for withdrawal of OP No.l27Z of 2O2l pending on the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar ald to transfer the same to the Senior Civil Judge, Bhongir to be tried along with Op No.l2 of 2022.

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AVRJ TT.CMP No.69 ol 2022

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The respondent/husband has filed a detailed counter denying t he petition averments stating that all false allegations are made. She has made complaints to the High Commission of India through twitter on 2O.Og.2O2l and also to the Police, Bhongir on lZ .O9.2O21 . She has also filed complaint before the State Women Commission on 17.O9.2021 and a,lso filed DVC No.22 of 2021. ln the FCOp No.1277 of 2021 filed by the respondent, the matter was referred lor mediation and counselling was conducted for the parties and in the said mediation, she has demanded huge amount. Though the petitioner has claimed that she is unable to attend belore the Court, the fact remains that she has left her 3-months milk feeding baby in India with her parents and now she is living in Canada and her father being the GPA holder is representirrg n". matters before all the Courts. There are no merits in the transfer petition, accordingly, prayed for dismissal of the same with costs.

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Heard the learned counsel for the petitioner/wife and the respondent/husband. The submissions made on either

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AVRJ 'l'r.CMP No.69 of 2022

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side have received due consideration of this^Court.

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Perused the material available on record.

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It may be stated that the^{TT.CMP has filed on} 23.03.2022, whereas according^{to the counteraverments,} the petitioner left the country^{on 14 .06 -2022leaving her} three months old baby^{with her parents and now she is} working in Canada. The sole^{contention ofthe} respondent/husband is that^{when the petitioner is not in} India, the question of^{causing any inconveniencefor her to} attend the Court does not^{arise and there are no meritsin} the petition for withdrawal^{of OP No.l277 of 2O2l and} transferring the same to^{the Senior Civil Judgeat Bhongir'}

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The learned counsel for the^{petitioner/wife seeks to} submit that temporarily^{the petitioner left to Canada on job} and she is likely to return^{India shortly, it is causinglot of} inconvenience to the old^{aged parents of the petitionerto} attend the Court at L.B.^{Nagar and that if OP No'1277 of} 2O2I is also transferred^{to Bhongir,it will be convenient to} attend all the three cases^{from one court complex'}

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AVRJ Tr.CM P No.69 of 202.2

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The learned counsel for the respondent/husband further argued that the father of the petitioner is politically influential person and he is trying to harass the respondent and there is a threat to the respondent's life.

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The petitioner is the young lady, she was living with her parents under their protective umbrella till she gave birth to her child. Thereafter, on O4.06.2022 she left Canada on employment leaving her minor child with her parents. The parties are Hindus. Section 19 (iii)(a) of the Hindu Marriage Act, 1955 provides that wife is entitled to prosecute the matrimonial disputes before the jurisdictional court where she is presently living. Undisputedly, she was living with her parents in the limits of Bhongir and recently in the month of June, 2022 only she left to Canada. The respondent/husband has only resisted this application on the ground that the petitioner has not stayed more than 10 days with him and she has created several issues. Whereas the contention of the petitioner/wife is that when she conceived and was pregnant, she was left by her husband in Canada and she ..

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A:RJ TT.CMP No.69^{oi 2022}

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has to beg^{and borrowmoneyfrom her known Personsto} returnbacktolndiainthemonthofSeptember2021and after givlng^{birthto child, after three months she left} Canada^{on emPloYment'}

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g. In this context,^{I may refer to the judgment of the} Honble Supreme^{Courtof Ind'ia in Sdtugeetla alias Shrega} a. Prcrscrnt^{Viiag wdrgigal wherein it is held that ifany} threat^{perceptionis given to the respondent/husband'he} is always^{at liberty to lodge a report before the police} concerned,^{or to complainbeforethe concerned Court' If} any such^{complaintis made, it will be considered by the} Court or^{by the concernedpoliceon its own merits' It is} further held^{thatbetweenhusband and wife'the} convenience^{of the wife must prevail'}

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In^{IV C.V. Aishwarya u' A'S' Saraoo:naKarthikSh&} the Apex^{Court whiledealing with the similar facts held} that the applicant/wife^{who is young ladyaged about 21} years staying^{alone along with her aged parents'itis}

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'^{2oo4(13)scc 407}

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z 2022 Liue Law (SC) 627

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AVRJ 'lr.CMP No.69 of 2022

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dillicult lor her to travel all the w,ay from Chennai to Vellore to attend the court proceedings of the case filed by the respondent/husband seeking annulment of marriage, accordingly, considering the convenience of the wife transferred the matter from the Family Court, Vellore to the jurisdictional Family Court at Chennai.

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I 1. The Apex Court further held that the cardinal principle for exercise of polver 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 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

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generally it is the wife's convenience which must be looked into at while considering the transfer application.

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AVR.J TT.CMP No.69 of 2022

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Therefore, considering the facts of the present case, e\ren if the father of the petitioner or any of her famiiy members has threatened, the respondent is at liberty to initiate appropriate legal action against the concerned. It is not the case of the respondent that he or his parents are tai<ing care of the minor child in the absence of the petitioner. Therefore, it is for the parents of the petitioner to look after the wellare of the minor child and to attend the Court. In that view of the matter, considering the principles laid by the Apex Court in the above decisions and scheme of Hindu Marriage Act, I find justihcation in the request of the petitioner/wife for withdrawal of FCOP No.I277 of 2022 pending on the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar and to transfer the same to the Senior Civil Judge at Bhongir to be tried along with HMOP No.12 of 2022 filed by the petitioner pending on the Iile of that Court.

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In the result, the Transfer Civil Miscellaneous Petition is allowed. FCOP No. 1277 of 2022 pending on the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar is

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AVR.J TT.CMP No 69 of 2022

ordered to be withdrau,n and transferred to the Senior Civil Judge at Bhongir to be tried along with HMOP No. 12 of 2022 frled by the petitioner pending on the file of that Court, in accordance with law. The learned Judge, Family Court, Ralga Reddy District at L.B. Nagar shall transmit the entire record in FCOp No. L2ZT of 2O2l duly 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, if any pending in this Tr.CN{P shall stand closed.

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SD/-N. RAJ GO ASSISTANT REGIS

,TRUE COPY//

SECTION FFICER

To,