THE HON’BLE SMT.JUSTICE P.SREE SUDHA Transfer Civil Miscellaneous Petition No.173 of 2024

ORDER:

This Transfer C.M.P is filed by the petitioner for transfer of F.C.O.P.No.250 of 2024 from the file of I Additional District and Sessions Judge-cum-MSJ-cum-Additional Family Court at Malkajgiri, Medchal-Malkajgiri District to the Additional Family Court, R.R.District at L.B.Nagar.

2. In spite of service of notice, there is no representation on behalf of respondent.

3. Heard learned counsel for the petitioner.

4. It is contended by learned counsel for the petitioner that she has also filed F.C.O.P.No.528 of 2021 for Restitution of Conjugal Rights before Additional Family Court, L.B.Nagar, R.R.District and she has also filed G.W.O.P.No.72 of 2023 before the Additional Family Court at L.B.Nagar and apart from that she has also filed C.C.No.2419 of 2021 for the offences under Section 498-A of IPC and D.V.C.No.50 of 2022 in the same Court Complex at L.B.Nagar. It was further stated that respondent filed F.C.O.P for divorce at Malkajgiri only after filing of the above cases by the petitioner. It was further contended that petitioner is residing with her parents at Saroornagar, Hyderabad and she has also a son aged five (05)

years and he is suffering from epilepsy and taking treatment.

5. As connected matters are pending before the Family Court at L.B.Nagar and submissions made by learned counsel for the petitioner, this Court is of the considered opinion that in respect of transfer of proceedings of a matrimonial dispute, the convenience of the wife has to be prevails over the convenience of husband, as held by the Hon’ble Apex Court in the case of Rajani Kishor Paradeshi Vs. Kishore Babulal Paradeshi, [(2005) 12 SCC 237] and Sumita singh Vs. Kumar Sanjay and another, [AIR 2002 SC 396]

6. In view of above, this Court is of the opinion that sufficient grounds are made out on facts and in law to accept the plea of the petitioner-wife to transfer F.C.O.P.No.250 of 2024 from the file of I Additional District and Sessions Judge- cum-MSJ-cum-Additional Family Court at Malkajgiri, Medchal- Malkajgiri District to the Additional Family Court, R.R.District at L.B.Nagar.

7. In the result, Transfer C.M.P is allowed with a direction to transfer F.C.O.P.No.250 of 2024 from the file of I Additional District and Sessions Judge-cum-MSJ-cum-Additional Family Court at Malkajgiri, Medchal-Malkajgiri District to the Additional Family Court, R.R.District at L.B.Nagar. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed. ___________________ P.SREE SUDHA, J Date:02.09.2024 Bw