2020 Supreme(Telangana) 494
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
Shameem Akther, J.
Phatke Avinash - Appellant
Versus
Phatke Himaja - Respondent
Transfer Civil Miscellaneous Petition No. 36 of 2020
Decided On : 29-06-2020
H.C. Upadhyay, Advocate, Sreenath Kondapally, Advocate
Headnote:
Code of Civil Procedure - Section 24 - Hindu Marriage Act, 1955 - Section 19, 19(iii)(a) - Seeking divorce - Domestic Violence - Ad-interim injunction - Respondent/wife tried to gain entry into the house owned by the mother of the petitioner/husband in order to harass them, the mother of the petitioner/husband filed O.S. wherein, ad-interim injunction has been granted against the respondent/wife - Distance between the residence of the petitioner/husband and Family Court is about 25 kilometres and it will be inconvenient for him to undertake the said travel, which takes about two hours during busy office hours. The parents of the petitioner/husband are senior citizens suffering from age old ailments. Since both subject FCOPs arise out of the same marital dispute – Held, No prejudice would be caused to the petitioner/husband, if the FCOP filed by him is withdrawn and transferred to the Court before which, FCOP filed by respondent/wife is pending - Though small inconvenience may be caused to the husband in attending the Court, convenience of the wife should be preferred and shall prevail over the inconvenience, if any, which may be caused to the husband. Under these circumstances, this Court deems it appropriate to transfer the case filed by the petitioner/husband to the Court before which the case filed by the wife is pending - FCOP pending before Family Court Civil Court is withdrawn and transferred to the Family Court for trial and disposal, either jointly or simultaneously, along with FCOP filed by the respondent/wife, in accordance with law - Transfer Civil Miscellaneous Petition is disposed
JUDGMENT
Shameem Akther, J. - This Transfer Civil Miscellaneous Petition, under Section 24 of the Code of Civil Procedure, 1908, is filed by the petitioner/husband, requesting to withdraw FCOP No.510 of 2019 from the Family Court, Ranga Reddy District at L.B.Nagar, and transfer the same to the Additional Family Court, City Civil Court, Hyderabad, for trial and disposal along with FCOP No.1000 of 2019, in accordance with law.
2. Heard the learned counsel for both the sides and perused the record.
3. The learned counsel for the petitioner/husband would contend that the marriage between the petitioner/husband and the respondent/wife took place on 20.06.2018 at Miryalguda. The couple lived happily for one month only. Soon thereafter, the respondent/wife has voluntarily left the company of the petitioner/husband levelling weird allegations against the petitioner/husband and his parents. Vexed with the attitude of the respondent/wife, the petitioner/husband filed FCOP No.1000 of 2019 before the Family Court, City Civil Court, Hyderabad, seeking divorce. As a counter blast, the respondent/wife filed the subject FCOP No.510 of 2019 before the Family Court, Ranga Reddy District at L.B.Nagar, seeking restitution of conjugal rights. In fact, when the respondent/wife tried to gain entry into the house owned by the mother of the petitioner/husband in order to harass them, the mother of the petitioner/husband filed O.S.No.1016 of 2019 before the VII Junior Civil Judge, Hyderabad, wherein, ad-interim injunction has been granted against the respondent/wife. The distance between the residence of the petitioner/husband and Family Court, Ranga Reddy District at L.B.Nagar is about 25 kilometres and it will be inconvenient for him to undertake the said travel, which takes about two hours during busy office hours. The parents of the petitioner/husband are senior citizens suffering from age old ailments. Since both the subject FCOPs arise out of the same marital dispute, it will be in the interest of justice to withdraw subject FCOP No.510 of 2019 filed by the respondent/wife and transfer the same to the Additional Family Court, City Civil Court, Hyderabad, for clubbing and trial along with FCOP No.1000 of 2019 filed by the petitioner/husband and ultimately prayed to allow the Transfer Civil Miscellaneous Petition as prayed for.
4. On the other hand, the learned counsel for the respondent/wife would contend that the grounds urged by the petitioner/husband are unsustainable and require no consideration. The petitioner/husband and his parents have harassed the respondent/wife mentally and necked her out from her matrimonial home. In order to protect her marital life, the respondent/wife filed the subject FCOP No.510 of 2019 before the Family Court, Ranga Reddy District at L.B.Nagar, against the petitioner/husband seeking restitution of conjugal rights. She also filed a Domestic Violence Case and a Maintenance Case against the petitioner/husband and his family members. All the cases are pending before the Courts at L.B.Nagar, Ranga Reddy District. In matrimonial disputes, the paramount consideration is the convenience of the wife. Inconvenience of the petitioner/husband to undertake travel from Ameerpet to L.B.Nagar is not a ground to grant the relief claimed by him in this petition and ultimately prayed to dismiss the Transfer Civil Miscellaneous Petition.
5. In view of the above contentions of both the sides, the point that arises for determination in this Transfer Civil Miscellaneous Petition is as follows"
"Whether the request of the petitioner/ husband to withdraw FCOP No.510 of 2019 from the Family Court, Ranga Reddy District at L.B.Nagar, and transfer the same to the Additional Family Court, City Civil Court, Hyderabad, for trial and disposal along with FCOP No.1000 of 2019, can be acceded to?"
6. It is evident from the record that the petitioner/husband filed FCOP No.1000 of 2019 before the Family Court, City Civil Court, Hyderabad, against the