Telangana High Court Dismisses Wife's Plea To Transfer Divorce Case To Hyderabad, Cites Free Public Transport Facility For Women

The Telangana High Court dismissed a woman's plea seeking transfer of the divorce proceedings from Nirmal to Hyderabad after noting that free public transport is available to women in the state.

The high court passed the order in a petition filed by the wife, seeking transfer of the divorce proceedings from the civil judge's court in Nirmal district to either the family court in R.R. District at L.B. Nagar or the family court in Hyderabad.

A single judge bench of Justice P Sree Sudha said, "Perusal of the record shows that initially respondent gave legal notice for restitution of conjugal rights. It is also further stated that in Telangana State, there is no bus fare for women passengers, as such it is not inconvenient for petitioner. As the both parties are residing at Nirmal, this Court finds that there is no reason to transfer this petition from the Senior Civil Judge Court, Nirmal to the Principal Family Court Judge, R.R.District at L.B.Nagar or Principal Family Court at Hyderabad. The present petition is devoid of merits and is liable to be dismissed". 

Originally the husband had filed a petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act in the civil judge's court in Nirmal, seeking a decree of divorce. The wife had filed a criminal case against her husband and his family members under IPC Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) and provisions of The Dowry Prohibition Act. 

In her transfer petition before the high court, the wife claimed that she was residing in Hyderabad with her parents and her two and half-year-old child. She argued that traveling from Hyderabad to Nirmal for each court hearing without male assistance was difficult. 

The husband had in his reply to the plea argued that the wife has an M.Sc Post graduate degree in Geology and worked in the private sector. He said that she is residing at Nirmal District along with her parents and she had given a "false complaint against him and his family members" with the police, "showing the jurisdiction of Hyderabad by taking advantage of her brother who is working in GHMC Office as bill collector". 

He also said that the address of wife in the plea before the civil court was given as Nirmal and she had "received summons to the said address"; after receiving the summons, the wife had moved the high court in a transfer plea. 

Case title: X v Y

Counsel for petitioner: M MURALI MOHAN

Counsel for respondent: N KRISHNA SUMANTH

Citation: 2024 LiveLaw (Tel) 150

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