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2015 Supreme(AP) 923

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. Rajasheker Reddy, J.
Chalasani Deepthi - Petitioner
Versus
Chalasani Krishna Chaitanya - Respondent
Tr. C.M.P. No. 733 of 2014
Decided on : 18-11-2015

Advocates Appeared:
For the Petitioner:Sri G. Vivekanand, Advocate.
For the Respondent:Sri T. Lakshminarayana, Advocate.

Headnote:

Civil Procedure Code, 1908 – Sections 22, 23, 24 and 25 – Transfer Petition – Restitution of conjugal rights – Petition is filed for withdrawal and transfer of O.P. filed by respondent/husband for restitution of conjugal rights pending on the file of Family Judges Court, Ranga Reddy District at L.B. Nagar to the Judge, Family Court, Vijayawada to be tried along with O.P.G.L. and M.C.C.F. filed by the petitioner/wife – Petitioner is that she is legally wedded wife of respondent and their marriage was solemnized as per Hindu rites and customs – After marriage, the petitioner and the respondent lived together at Moti Nagar Out of their wedlock, they were blessed with a female child – After giving birth to child, the respondent created a story stating that petitioner and her child are to be under Doctors supervision for two months and it would cost about Rs. 8.00 lakhs and started harassing her to bring said amount from her parents. On that the petitioner filed a complaint before Station House Officer, Thereafter, the respondent filed OP. on the file of Judge, Family Court, Ranga Reddy District at L.B. Nagar for restitution of conjugal rights – Petitioner also filed maintenance case vide MCCF. and O.P.G.L. before Judge, Family Court at Vijayawada and both the cases are pending – That it is difficult for the petitioner to prosecute the proceedings in the Court at Ranga Reddy initiated by her husband as her parents are permanent residents of Vijayawada and she has nine months old daughter and it is difficult for her to travel from Vijayawada to Ranga Reddy District. Whereas, the respondent is attending in both cases filed by her at Vijayawada, as such, present Tr.CMP is filed seeking to transfer OP to competent Court at Vijayawada – Held, Petitioner has small child and she has filed MCCF. and OPGL. before the Family Court, and she states that she is dependant on her parents and it is difficult for her to travel all the way from Vijayawada to Ranga Reddy District. The respondent has to attend the cases, which were filed by the petitioner at Vijayawada. The Supreme Court in Sumita Singh v. Kumar Sanjay, AIR 2002 SC 396, held that while considering transfer petitions in matrimonial proceedings, convenience of a wife is to be looked into – It is just and proper to withdraw O.P. No. from the file of Family Court, Ranga Reddy District at L.B. Nagar and transfer the same to the Family Court, Vijayawada, since M.C.C.F. and O.P.G.L. are already pending on the file of Family Court at Vijayawada – Counsel for the respondent submitted that the presence of respondent may be dispensed in the O.P., as it is difficult for him to attend on each and every date of hearing because of distance. In view of the same, the presence of respondent is dispensed with in O.P.G.L. and M.C. on each and every date of adjournment except on the dates of cross-examination or on any other date as specifically required by the Court – Accordingly, Transfer CMP is allowed.

ORDER :

A. Rajasheker Reddy, J.

This petition is filed for withdrawal and transfer of O.P. No.1469 of 2014, filed by the respondent/husband for restitution of conjugal rights pending on the file of Family Judge's Court, Ranga Reddy District at L.B. Nagar to the Judge, Family Court, Vijayawada to be tried along with O.P.G.L. No.4310 of 2014 and M.C.C.F. No.3115 of 2014 filed by the petitioner/wife.

2. The case of the petitioner is that she is the legally wedded wife of the respondent and their marriage was solemnized on 26-10-2012 as per Hindu rites and customs. After the marriage, the petitioner and the respondent lived together at Moti Nagar, Hyderabad. Out of their wedlock, they were blessed with a female child. After giving birth to child, the respondent created a story stating that the petitioner and her child are to be under Doctor's supervision for two months and it would cost about Rs. 8.00 lakhs and started harassing her to bring said amount from her parents. On that the petitioner filed a complaint before Station House Officer, Machavaram, Vijayawada. Thereafter, the respondent filed OP. No.1469 of 2014 on the file of Judge, Family Court, Ranga Reddy District at L.B. Nagar for restitution of conjugal rights. The petitioner also filed maintenance case vide MCCF. No.3115 of 2014 and O.P.G.L. No.4310 of 2014 before the Judge, Family Court at Vijayawada and both the cases are pending. That it is difficult for the petitioner to prosecute the proceedings in the Court at Ranga Reddy initiated by her husband as her parents are permanent residents of Vijayawada and she has nine months old daughter and it is difficult for her to travel from Vijayawada to Ranga Reddy District. Whereas, the respondent is attending in both cases filed by her at Vijayawada, as such, the present Tr.CMP is filed seeking to transfer OP No.1469 of 2014 to the competent Court at Vijayawada.

3. Counter is filed by the respondent stating that the transfer application is not maintainable either in the eye of law or on facts and this Court is not vested with jurisdiction to transfer the case pending in the State of Telangana to the State of Andhra Pradesh. The jurisdiction to transfer cases from one High Court or Civil Court in one State to a High Court or Civil Court of any other State is vested with Hon'ble Supreme Court as per Section 25 (1) of C.P.C. It is also stated that though the petitioner is earning, she filed MCCF. No.3115 of 2014 seeking maintenance for herself and her child. That the respondent filed OP. No. 1469 of 2014 for restitution of Conjugal Rights and in the said OP, though the petitioner received notices, she is trying to procrastinate the proceedings and as a counter blast filed the present transfer CMP. Hence, sought for dismissal of the Tr. CMP.

4. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

5. When jurisdiction of this Court to transfer the case pending on the file of Family Court at Ranga Reddy District to the competent Court at Vijayawada is raised, pursuant to bifurcation of State of Andhra Pradesh and formation of a new State of Telangana, this Court wanted to hear learned Advocate Generals of both the States of Telangana and Andhra Pradesh.

6. Learned Advocate General for the State of Andhra Pradesh submitted that as per Section 24 of CPC, in exercise of general power of transfer and withdrawal, the High Court has jurisdiction to transfer a case pending before a Court subordinate to it to another Court subordinate to it. Learned Advocate General also referred to 30 of Andhra Pradesh Reorganization Act, 2014 (for short "the Reorganization Act") and submitted that since both the Courts i.e. the transferor and the transferee Courts are subordinate to this High Court, this Court is empowered to transfer OP pending on the file of Family Court, Ranga Reddy District to Family Court, Vijayawada. Reference is also made Section 31 of the Reorganization Act, and submitted that till a separate High Co









































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