B. Anusha v. Boddu Venkat Goud , Venkanna
THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY TR.CMP No.590 of 2013 ORDER:
This petition is filed under Section 24 of C.P.C to withdraw F.C.O.P.No.611 of 2013 from the file of the Family Court, City Civil Court at Hyderabad and transfer the same to the Senior Civil Judge, Suryapet, Nalgonda District.
2.
Learned counsel for the petitioner submitted that the petitioner is unable to attend the Family Court, Hyderabad due to financial problems. Learned counsel for the respondent submitted that there is a life threat to the respondent if he visits the Court at Suryapet.
3. I have perused the material available on record. A perusal of the record reveals that the marriage of the petitioner with the respondent was performed on 15.12.2012 at Suryapet, Nalgonda District as per Hindu rites and caste customs. Immediately after the marriage, the petitioner joined the respondent at Kanagal Village and Mandal, Nalgonda District to lead happy marital life. Later on, the respondent on his employment shifted the residence from Kanagal to Hyderabad and both of them lived happily for sometime. Due to family disputes, the respondent and his parents necked out the petitioner from the matrimonial house on 23.03.2013 and the petitioner has been residing at her parents' house at Suryapet, Nalgonda District.
The petitioner lodged a complaint to the Station House Officer, Suryapet Town Police Station, who in-turn registered the case in Crime No. 124 of 2013 against the respondent for the offence punishable under Section 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act. The respondent also lodged a complaint on 05.04.2013 to the Station House Officer, Tappachabutra, who in-turn registered the case in Crime No.61 of 2013 for the offences punishable under Sections 363, 342, 506, 324 r/w 34 of IPC against the petitioner's family members. The respondent herein filed FCOP No.
the Hindu Marriage Act before the Family Court, City Civil Court, Hyderabad for restitution of conjugal rights. Hence, the petition.
4. A perusal of the record reveals that the petitioner has been residing at her parents' house at Suryapet due to family disputes between the petitioner and the respondent. As per the allegations made in the affidavit, the respondent and his parents necked out the petitioner from the matrimonial house on 23.03.2013. It is the case of the petitioner that the respondent and his family members subjected the petitioner with cruelty for additional dowry. As per the case of the respondent, the petitioner and her family members threatened him with dire consequences. It is not uncommon to make allegations and counter allegations against each other, more particularly, in matrimonial cases. In view of the pendency of investigation in Crime Nos.
124 of 2013 and 61 of 2013, I am not inclined to express any opinion with regard to the allegations and counter allegations made against each other. It is not the case of the petitioner that the petitioner is having sufficient means to come all the way from Suryapet to Hyderabad to prosecute her case. If the petition is dismissed, it may cause untold hardship to the petitioner. Even if the petition is allowed, the same may not cause any prejudice to the respondent. While disposing of this type of petitions, the Court has to take into consideration the ground realities as well as the hardship likely to be caused to the wife.
5. As per the principle enunciated in V.Sailaja v V.Koteswara Rao[1], Sumita Singh v. Kumar Sanjay[2] and Rachna Kanodia v. Anuk Kanodia[3], 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 case cited supra, I am of the considered view that the relief sought by the petitioner can be granted.
6.
Accordingly, the Transfer Miscellaneous Petition is allowed. F.C.O.P.No.611 of 2013 is withdrawn from the file of the Family Court, City Civil Court, Hyderabad and transferred to the Senior Civil Judge, Suryapet for trial and disposal in accordance with law. The Senior Civil Judge, Suryapet is hereby directed to dispense with the presence of respondent/husband for each and every date of adjournment. However, respondent/husband shall appear as and when the Court feels that his presence is so required. No costs. As a sequel, miscellaneous petitions, if any filed in this civil miscellaneous petition, shall stand closed.
_________________________ T.SUNIL CHOWDARY, J.
Date: 16.06.2015.
Gvl [1] AIR 2003 AP 178 = 2003 (1) ALD 673 = 2003 (1) APLJ 441 [2] AIR 2002 SC 396 [3] 2001 (7) Supreme 96