THE HONOURABLE SMT. JUSTICE P.SREE SUDHA Tr.C.M.P.No. 311 of 2023

ORDER:

This petition is filed by the petitioner/wife seeking transfer of F.C.O.P.No.1284 of 2022 pending on the file of the learned Judge, Family Court, Medchal-Malkajgiri District to the learned Senior Civil Judge, Jangoan.

2. It is the case of the petitioner/wife that respondent herein had filed F.C.O.P.No.1284 of 2022, on the file of the learned Judge, Family Court, Medchal-Malkajgiri District under Section 13(1) (ia) of the Hindu Marriage Act, seeking divorce and the same is pending. It has been averred that the petitioner/wife is staying with her child aged about 2 years in her parent’s house in Ashwaraopally Village, Jangoan District and therefore, she finds it difficult to travel all the way from Ashwaraopally Village to Medchal-Malkajgiri District, which is more than 150 Kms distance to attend each and every date of hearing of F.C.O.P.No.1284 of 2022 filed by the respondent/husband, without the assistance of a male person. She is residing with her parents. She gave complaint against the respondent/husband under Sections 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and the same was registered as C.C.No.823 of 2022 and also filed M.C.No.15 of

2023 and D.V.C.No.17 of 2023.

3. After hearing the arguments of both sides, this Court is of the considered opinion that in respect of transfer of proceedings of a matrimonial dispute, the convenience of the wife is to be preferred 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]

4. 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 for transfer of F.C.O.P.No.1284 of 2022 pending on the file of the learned Judge, Family Court, Medchal-Malkajgiri District to the learned Senior Civil Judge, Jangoan.

5. In the result, the Transfer Civil Miscellaneous Petition is allowed and the F.C.O.P.No.1284 of 2022 pending on the file of learned Judge, Family Court, Medchal-Malkajgiri District, is ordered to be transferred to the Court of the learned Senior Civil Judge, Jangoan. No order as to costs.

_________________________ JUSTICE P.SREE SUDHA DATE: 27.08.2024 ssy