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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATES OF TELANGANA AND ANDHRA PRADESH
M. SATYANARAYANA MURTHY, J.
Chakradharamahanthi Vekata Maikya Prasuna - Petitioner
Versus
Chakradharamahanthi Vekata Ramana Murthy - Respondent
Transfer Civil Miscellaneous Petition Nos. 809, 816, 848, 852 & 855 of 2016 & 92, 160, 199, 232, 239, 240, 242, 258, 262, 273, 275, 284, 286, 290, 291, 318, 373, 389, 397 & 421 of 2017
Decided On : 06-12-2018
Hindu Marriage Act - Section 9 - Dowry Prohibition Act - Section 3 and 4 - Indian Penal Code, Sections 498-A - Transfer of Cases - Inability to undertake journey from place where they are staying; their inability to meet expenses for travelling and other incidental expenses not only for the wives but also to person, who accompanied her and also on the ground of life threat to attend the Court - Held, Court to weigh inconvenience being caused to both the parties and if, inconvenience of one of the party outweighs the inconvenience of other party, Court may depending upon facts and circumstances of case, exercise power and withdraw pending matrimonial case from one Court and transfer the same to other Court - Matrimonial cases from Family Courts cannot be transferred to Senior Civil Judge's Court, but can be transferred to another Family Court - Guidelines issued - Para 95,96, 97
JUDGMENT :
1. All these Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure (for short “CPC”) to withdraw the Original Petitions pending on the file of different Courts shown in column No.2 and transfer the same to the Courts shown in Column No.3, on the ground mentioned in Column No.4 of the table given hereunder.
| S No | Transfer OP No. | Court where petition is pending – Court where petition is to be transferred | Transfer Petition by the wife or husband | Relief claimed in petition sought to be transferred | Ground for seeking Transfer |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1 | 809/2016 | FCOPNo.82/2016 From Family Court, Visakhapatnam To Family Judge, Srikakulam | Wife-Petitioner | Dissolution of marriage by decree of divorce under Sec.13(1)(ib) Hindu Marriage Act. | * No male assistance for me to travel more than 120Km. * Threat to life at the hands of the Respondent at Visakhapatnam. * Petitioner file Dowry harassment and restitution of conjugal rights cases at Srikakulam, hence the present petition can be transferred to srikakulam so that both cases can be heard together. |
| 2 | 816/2016 | HM.OP.No.35/2016 From Principal Senior Civil Judge, Khammam To Principal Senior Civil Judge, Adilabad | Wife-Petitioner | Dissolution of marriage by decree of divorce under Sec.13(1)(ia) (ib)Hindu Marriage Act | * No source of income.* Not keeping good health, hence it would be difficult to travel. |
| 3 | 848/2016 | O.P.No.596/2016 From Family Court, Secunderabad To Family Court, Rajamahendravaram | Wife-Petitioner | Dissolution of marriage by decree of divorce under Sec.13(1)(ia) Hindu Marriage Act | * Difficulty in travelling the distance between Rajahmundry and Seunderabad which is 400Km. * Apprehension of danger in the hands of the Respondent. |
| 4 | 852/2016 | O.P.No.179/2016 From Family Court, Warangal To Family Court Nizamabad | Wife-Petitioner | Dissolution of marriage by decree of divorce under Sec.13(1)(ia) Hindu Marriage Act. | * No independent source of income. * Difficulty in travelling a distance of 220Km. * DVC case pending in Nizamabad Court. * Respondent is resident of USA, hence no prejudice if the matter is tried in Nizamabad. |
| 5 | 855/2016 | O.P.No.345/2016 From Family Court, Vijaywada To Senior Civil Judge, Bapatla | Wife-Petitioner | Decree declaring marriage of the petitioner to the Respondent as null and void under sec. 12(c) of Hindu Marriage Act. | * Unable to travel a distance of 80Km. * Apprehends threat to life. * No means to meet the expenditure. * DVC No. 20/201 pending at Bapatla, hence the present petition can also be transferred. |
| 6 | 92/2017 | FCOPNo.2049/2016 From Family Court, Ranga Reddy To Family Court Anantapur | Wife-Petitioner | Dissolution of marriage by decree of divorce under Section 13(1)(ia) Hindu Marriage Act. | * Difficulty intravelling a distance of 400Km. * Respondent is residing in Banglore and distance between Bangalore and Anantapur is 200Km, hence it is convenient for Respondent also. * Cr.No.2/2017 pending before Anantapur court. |
| 7 | 160/2017 | O.P.No.153/2016 From Family Court, Karimnagar To Family Court, Secunderabad | Wife-Petitioner | Dissolution of marriage by decree of divorce under Sec.13(1)(ia)(ib) Hindu Marriage Act. | * Unable to travel a distance of 200Km,without male assistance. * Apprehends life threat at the hands of Respondent. |
| 8 | 199/2017 | O.P.No.874/2016 From District Judge, Eluru To District Judge, Rajahmundry | Wife-Petitioner | Dissolution of marriage by decree of divorce under Sec. 10 of Christian Marriage Act, 1872 | * No independent source of income. * Difficulty in travelling a distance of 100Km. * DVC SR.No. 1888/2017 pendi |
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