THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI
Transfer C.M.P.No.138 of 2014
ORDER:
This is an application under Section 24 of the Code of Civil Procedure by the petitioner-wife requesting to withdraw O.P.No.16 of 2014 on the file of the Court of the Principal Senior Civil Judge, Madanapalle of Chittoor District and transfer the same to the court of the Senior Civil Judge, Gooty of Anantapur District for trial and disposal in accordance with the procedure established by law.
2. The case of the petitioner, which is relevant for consideration, is this: “The marriage of the parties was performed on 03.06.1995 at Guntakal. After disputes had arisen, there was an estrangement between the spouses. The husband/respondent herein had filed the aforementioned case in the Court of the Principal Senior Civil Judge, Madanapalle of Chittoor District for grant of decree of divorce annulling the marriage between the parties. He is a Central Excise Inspector. The petitioner is a house wife and is an unemployed. She is leading the life of almost a destitute at her mother’s house and is facing financial problems. It is difficult for her to undertake travel from Guntakal of Anantapur District, which is her present place of residence, to Madanapalle, which is at a distance of 230 KMs, to attend before the said Court on the dates of every adjournment of the said case. Her mother is an aged person. In fact, she had filed a maintenance case for grant of maintenance and the said case was posted to 16.04.2014 for filing counter. Since the husband is gainfully employed, no prejudice would be caused to him, if the case is transferred from the Court at Madanapalle to the Court at Gooty of Anantapur District, which Court is having territorial jurisdiction to entertain and dispose of the case. Being a lady without any male help, she is not in a position to undertake travel to Madanapalle. The Court at Gooty is at a distance of only 30 KMs from her present place of residence and that therefore, she can conveniently and without any fear defend the case if the case is transferred to the Court at Gooty. As per the settled law, the convenience of the petitioner/wife should prevail while considering the request for the transfer of a matrimonial case. Hence, it is just and fair to grant the relief.”
3. I have heard the submissions of the learned counsel for both the sides. I have perused the material record.
4. Now the point for determination is:
“Whether the petitioner/wife had made out valid and sufficient grounds for withdrawal of OP.No.16 of 2014 on the file of the Court of the Principal Senior Civil Judge, Madanapalle of Chittoor District and to transfer the same to the file of the Senior Civil Judge, Gooty of Anantapur District?”
5. POINT:
5. (a) The relevant facts and the case pleaded by the petitioner/wife are already stated supra. In this wife’s petition for transfer of the case filed by the husband from the Court of the learned Principal Senior Civil Judge, Madanapalle to the Senior Civil Judge’s Court, Gooty, she submits that she is a house wife with no sources of income and no male assistance and that she is now residing at the mercy of her aged mother and that, therefore, it is difficult for her to undertake travel all alone from Guntakal of Anantapur District to Madanapalle of Chittoor District on the dates of every adjournment of the case filed by the respondent/husband and that she is not in a position to meet the travel expenses and that on the other hand no prejudice would be caused to the husband, who is gainfully employed, if his case is transferred to the Court at Gooty.
5. (b) On the other hand, though no counter has been filed by the respondent/husband, at the time of hearing, the learned counsel for the respondent had orally resisted the application stating that the petition is filed to procrastinate the matter and that the respondent/ husband, who is a Central Excise Inspector, has to frequently undertake travel on account of his duties and it would be very difficult for him to obtain leave and attend the Court at Gooty, in case, the case is transferred to a Court at Gooty of Anantapur District.
5. (c) In reply, the learned counsel for the petitioner/wife had reiterated the contentions in the petition and had submitted that the convenience of the wife shall be preferred in matters of this nature.
5. (d) I have bestowed my attention to the facts and the submissions of the learned counsel for both the sides. In the light of all the aforementioned contentions and in the totality of the circumstances of the case, it is clear that the inconvenience caused to the wife to travel to Madanapalle of Chittoor District to attend to the case would outweigh the inconvenience, if any, that would be caused to the husband. Further,
[1]
in the decision in Sangeeta v. Prasant Vijay Wargiya , the respondent/husband while opposing the transfer application of the wife for transfer of the case, inter alia contended that he apprehends danger to his life and liberty, in case, he was made to go to Kota, Rajasthan. In the cited case the Hon’ble Supreme Court having considered the contentions of both the sides had observed as follows:
“We are still living in a civilised society. We see no substance in the submission that there would be danger to his life if the respondent has to attend the court in Kota. If any threat is given, the respondent can always complain to that court and we are sure that his complaint, if one made, will be considered on its merit. Between a husband and a wife the convenience of the wife must prevail particularly when the wife has a 2 ½ year old child”.
Further, in the decision in Rajani Kishor Pardeshi v. Kishor Babulal
[2]
Pardeshi , the wife’s transfer petition was opposed by the husband on the ground that it is equally inconvenient for him to go to Satna, the place of the wife and that he is willing to pay the cost of her travel. Having considered the facts of that case, the Supreme Court had held that the convenience of the wife shall be preferred over the convenience of the husband and had allowed the transfer petition of the wife. The ratios in the cited decisions squarely apply to the facts of the present case. This Court is of the opinion that sufficient grounds are made out on facts and in law to accept the plea of the wife for transfer, as prayed for, of the case filed by the respondent/husband.
6. In the result, the petition is allowed and the O.P.No.16 of 2014 on the file of the Principal Senior Civil Judge, Madanapalle is withdrawn from the file of the said Court and is transferred to the file of the Senior Civil Judge, Gooty of Anantapur District for trial and disposal, in accordance with the procedure established by law. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this TRCMP shall stand closed.
M.SEETHARAMA MURTI, J 16th October 2014 RAR
[1] (2004) 13 Supreme Court Cases 407
[2] (2005) 12 Supreme Court Cases 237