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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
Prasanna Kasini – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. background of the case involving transfer of proceedings. (Para 2 , 5 , 6) |
| 2. arguments regarding alleged bias and influence. (Para 3 , 4 , 9) |
| 3. court's analysis on the impropriety of divorce and transfer. (Para 7 , 8 , 10 , 11) |
| 4. final orders regarding case transfer and appeal. (Para 12 , 13 , 14) |
JUDGMENT :
K. VINOD CHANDRAN, J.
Leave granted.
2. The appellant, the wife, is aggrieved with the impugned judgment by which, on the request of the husband, the second respondent herein, the proceedings in C.C. No.136 of 2023, initiated on the complaint of the appellant, pending in the file of the learned Additional Judicial Magistrate First Class, Sangareddy was transferred to the Court of the Metropolitan Magistrate at Nampally, Hyderabad. The wife, impleaded as respondent there, had not appeared in the matter. The impugned order directed transmission of the case within one month from the date of receipt of the impugned order with intimation to the other side.
3. Learned Counsel for the appellant vehemently argued that the ex parte order of transfer was unmindful of the travails of a woman left alone with two children to prosecute a case at a location distant from her home
The transfer of proceedings was deemed unjustified, as familial relationships with court staff do not imply bias, reaffirming judicial independence.
Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.
Point of Law : Transfer of matrimonial cases - inconveniences of the wife if the proceedings were to be transferred to Bengaluru outweighs the husband''s inconveniences in permitting the proceedings ....
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
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