Convenience Of Non-Earning Wife Takes Precedence Over Inconvenience Of Employed Husband: Andhra Pradesh High Court Transfers Divorce Case

The Andhra Pradesh High Court has held that in matrimonial disputes the convenience of the wife takes precedence over that of the husband.

"A perusal of copy of charge sheet...prima facie, supports the contention of the petitioner that now she is residing in her uncle's house at Kadapa city, which was failed to consider by the learned Principal District Judge, Kadapa. In matrimonial proceedings, the convenience of wife has to be considered than the inconvenience of husband who admittedly working as a Software Engineer and getting salary."

The order was passed by Justice B. Syamsunder in a Civil Miscellaneous Transfer Petition filed by an aggrieved wife after her petition seeking to transfer the divorce proceedings initiated by her husband from Proddatur district to Kadapa district was dismissed.

The petitioner/wife had stated that her husband/respondent had filed the petition for dissolution of marriage vexatiously, after a domestic violence case was initiated against him by the petitioner. The petitioner further stated that every time she attended the divorce proceedings, her husband and her family were harassing her which was causing her great distress.

Additionally she stated that since the filing of the domestic violence complaint she had moved out of her husband's residence and moved in with her uncle and in both, the complaint and DVC proceedings, she had entered the address of her uncle's as her own.

The Court below noted that wife failed to lead any evidence in furtherance of her claim that she had switched her place of residence and dismissed her application seeking reimbursement of traveling expenses.

When the matter reached the High Court, the bench noted that the wife was a non-earning member of the family, whereas her husband was a software engineer and was receiving a monthly salary.

The bench further held, "It is not the contention of the respondent that the petitioner is gainfully employed and she is getting sufficient income. When two other matrimonial cases are pending between the same parties and divorce petition is pending in other Courts, it would be convenient. for both the parties to transfer the case to the same place to avoid inconvenience to them. Therefore, this Court is of an opinion that are grounds to consider the request of the petitioner to transfer Η.Μ.Ο.Ρ.No. 15 of 2022 from the Senior Civil Judge Court, Proddatur to the Senior Civil Judge Court, Kadapa of YSR Kadapa District as the petitioner is now said to be residing within the jurisdiction of Municipal Corporation limits of Kadapa city."

Hence the petition was allowed and the pending divorce petition was transferred.

Case no.: TRCMP 208 of 2023

Counsel for petitioner: N.Sai Phanindra Kumar, Challa Gunaranjan and Umar Abdulla

Counsel for respondent: Sodum Anvesh