K.M. Sirisha v. K.M Thirumalesh

THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY TRANSFER C.M.P. No.512 of 2015 ORDER:

This transfer civil miscellaneous petition is filed under Section 24 of CPC seeking to withdraw O.P.No.978 of 2015 from the file of Family Court, Ranga Reddy District at L.B. Nagar and transfer the same to the file of II Additional Senior Civil Judge Court, Nandyal, Kurnool District.

2. Heard the learned counsel for the petitioner and perused the material available on record.

3. The marriage of the petitioner was performed with the respondent on 19.2.2014 at Nandyal as per Hindu rites and caste customs. Immediately after the marriage, the petitioner joined the respondent to lead marital life. Due to obvious reasons, bad weather prevailed in the family life of the petitioner and the respondent. The respondent filed O.P. No.978 of 2015 on the file of the Family Court, Ranga Reddy District at L.B. Nagar for dissolution of the marriage between him and the petitioner.

4. The petitioner has been residing at her parents' house in Nandyal due to misunderstandings between her and the respondent. The distance between Nandyal and Hyderabad is around 300 KMs. The petitioner may face much difficulty to travel from Nandyal to Hyderabad without the assistance of one of the male members of the family. Even if the petition is allowed, the same may not cause any prejudice to the respondent. While deciding the petitions of this nature, the court has to take into consideration the inconvenience likely to be caused to the parties to the proceedings more particularly to the wife.

5. As per the principle enunciated in Sumita Singh v. Kumar Sanjay[1] and Rachna Kanodia v. Anuk Kanodia[2], the paramount consideration, in transfer of matrimonial cases, is the convenience of the wife. Having regard to the facts and circumstances of the case and also

the principle enunciated in the cases cited supra, I am of the considered view that the relief sought by the petitioner can be granted.

6. Accordingly, the Transfer CMP is allowed. O.P. No.978 of 2015 is withdrawn from the file of the Family Court, Ranga Reddy District at L.B. Nagar and transferred to the file of Principal Senior Civil Judge Court, Nandyal, Kurnool District, for disposal in accordance with law. Miscellaneous petitions, if any, pending in this transfer petition shall stand closed.

_________________________ T. SUNIL CHOWDARY, J Date: 30.10.2015 YS [1] AIR 2002 SC 396 [2] 2001 (7) Supreme 96