Neeli , Doli Divya v. Neeli Suheel Kumar
-fr [ 3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SMT JUSTICE K.SUJANA TRANS. CIVIL MISC.PETITION NO: 217 OF 2023 Between :
Neeli @ Doli Divya, Wo.Susheel Kumar, D/o.Doli Rambabu, Aged-25 years, Occ. House wife, R/o. H.No.73-16,3 Zone, Mandamarri, Kalyani Khani, Mancherial District.
...Petitioner/s
AND Aged.26 Years, Occupation.
R/o. H.No, 9-70, Parvathipuram, Neeli Suheel Kumar, S/o. Late Srinivas , Employee in SRR Temple Vemulawada, Vemulawada, Rajanna Sircilla District.
...RespondenUs Petition Under Section 24 ol lhe C.P.C. Praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to transfer the divorce petition filed by respondent vide H.M.O.P. No. 21 of 2022 on the file of The Court of Senior Civil Judge, Vemulawada, to The Court of the Principal Senior Civil Judge at Mancherial District.
lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioner herein H.M.O.P.No. 21 of 2022 on the file of The Court of Senior Civil Judge, Vemulawada, pending disposal of transfer CMP in the interest of justice. Counsel for the Petitioner : Sri Katika Ravinder Reddy Counsel for the Respondent : None appeared The Court made the following : ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA Tr.C.M.P.No. 217 of 2o23 _o, EDER:
This Transfer Civil Miscellaneous Petition is hled under Section 24 of the Code of Civil Procedure, 1908, by the petitioner to transfer H.M.O.P.No.21 of 2022 pending on the file of the Senior Civil Judge, Vemulawada, to the file of the Principal Senior Civil Judge at Mancherial District.
2.
The brief facts of the case are that the marriage between the petitioner and the respondent was solemnized on 16.12.2016. After marriage, they lead their marital life for some period and thereafter, disputes arose between them, as such, respondenthusband filed H.M.O.P.No.21 of 2022, perding on the lile of the Senior Civil Judge, Vemulawada. The Petition filed a complaint against the respondent and after filing of charge sheet, the same is pending before the I Additional Judicial First Class Magistrate at Mancherial. Later, the petitioner filed D.V.C'No.23 of 2O2l before the I Additional Judicial Second Class Magistrate at Mancherial. 3.
Heard Sri Katika Ravinder, learned counsel appearing on behalf of the petitioner. Though notice was served upon the respondent, none appeared on his behalf.
SI(S,J Tr.C -Ii,[.P.N o.217 of 2023 4.
Learned counsel for the petitioner submitted that the petitioner is residing at Mandamarri, Mancherial District, in her parent's house, she is unemployed, having no financial independence, as such, it is difficult to attend the proceedings in H.M.O.P.No.2L of 2022 pending on the hle of the Senior Civil Judge, Vemulawada, on each and every date of adjournment. Therefore, he prayed the Court to transfer H.M.O.P.No.2 1 of 2022 to the file of Principal Senior Civil Judge at Mancherial District. 5.
In the light of the submissions made by the learned counsel for the petitioner ald a perusal of the material available on record, it is clear that the petitioner is unemployed and she is dependent on her parents. At this stage, it is pertinent to note 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 'Babutat Paradeshi r and Sumita singh Vs. Kumar Sanjay and another2. Hence, 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 H.M.O.P.No.2 | of 2022 from the file of the Senior Civil Judge, ' 1zoos1 tz scc zll 'atn 2ooz sc t9e
SKS,J Tr.C.M.P.No.2I7 of 2023 Vemulawada, to thc file ol the Principal Senior Civil Judge at Mancherial District 6.
Accordingly, the Transfer Civil Miscellaneous Petition is allowed. The H.M.O.P.No.21 of 2022 stands transferred from the file ol the Senior Civil Judge, Vemulawada, to the file of the Principal Senior Civil Judge at Mancherial District. The Court concerned is hereby directed to transmit the entire case file relating to H.M.O.P.No.21 of 2022, after duly indexed, within a period of One (1) month from the date of receipt of a copy of this Order, under intimation to the other side. There shall be no order as to costs.
Miscellaneous appiications, if any pending, shall stand closed.
Sd/. L. VIJAYA ASSISTANT REGI MI R //TRUE COPYII s SECTION OFFICER To, '1 . The Court of the Principal Senior Civil Judge at Mancherial District.
2. f he Courl of Senior Civil Judge, Vemulawada.
3. Neeli Suheel Kumar, S/o Late Srinivas , Aged.26 Years, Occupation. Employee in SRR Temple Vemulawada, R/o. H.No. 9-70, Parvathipuram, Vemulawada, Rajanna Sircilla District.
4. One CC to Sri Katika Ravinder Reddy Advocate [OPUC] $. Two CD Copies Svs/gh b I
HIGH COURT I DATED:28110t2024 'F, t I 6'
k c ^ 2 0 N0ti 2024 () ))l a
ORDER
-aTRCMP.No.217 ot 2023 G9 f)csrATcH ALLOWING THE TRCMP @rr\4 ,\a