A. Transfer of Matrimonial Proceedings — Section 24 CPC — Convenience of Wife — Hardship — Possibility of Conflicting Decisions
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Wife has no independent income; husband earns about ₹1,00,000/- p.m.; wife must change two buses to reach Rajamahendravaram; both parties already attending Court at Kovvur; possibility of conflicting decisions if matters are tried in different Courts — Transfer justified.
(Paras 2, 12)
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Transfer petitions in matrimonial matters must be decided on the facts of each case, considering hardship to either spouse.
(Para 5)
Wife has no independent income; husband earns about ₹1,00,000/- p.m.; wife must change two buses to reach Rajamahendravaram; both parties already attending Court at Kovvur; possibility of conflicting decisions if matters are tried in different Courts — Transfer justified.
(Paras 2, 12)
Transfer petitions in matrimonial matters must be decided on the facts of each case, considering hardship to either spouse.
(Para 5)
B. Matrimonial Litigation — Need for Expeditious Disposal — Family Courts Must Avoid Procrastination
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Supreme Court in Bhuwan Mohan Singh v. Meena and K.A. Abdul Jaleel v. T.A. Shahida emphasises that Family Courts must avoid routine adjournments; “procrastination is the greatest assassin of the lis” in matrimonial disputes.
(Para 6)
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Supreme Court in Shamima Farooqui v. Shahid Khan reiterates that matrimonial litigation corrodes relationships; Court must proactively control proceedings to avoid undue delay.
(Para 7)
Supreme Court in Bhuwan Mohan Singh v. Meena and K.A. Abdul Jaleel v. T.A. Shahida emphasises that Family Courts must avoid routine adjournments; “procrastination is the greatest assassin of the lis” in matrimonial disputes.
(Para 6)
Supreme Court in Shamima Farooqui v. Shahid Khan reiterates that matrimonial litigation corrodes relationships; Court must proactively control proceedings to avoid undue delay.
(Para 7)
C. Transfer Principles — Convenience of Wife Prevails (Settled Law)
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Wife’s difficulty and presence of minor daughters can justify transfer — Vandana Sharma v. Rakesh Kumar Sharma.
(Para 8)
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Where transfer is refused, husband must bear travel and incidental expenses of wife — Neelam Bhatia v. Satbir Singh Bhatia.
(Para 9)
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“It is the wife’s convenience that must be looked at” — Sumita Singh v. Kumar Sanjay.
(Para 10)
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Between husband and wife, the convenience of the wife must prevail — Sangeeta @ Shreya v. Prasant Vijay Wargiya.
(Para 11)
Wife’s difficulty and presence of minor daughters can justify transfer — Vandana Sharma v. Rakesh Kumar Sharma.
(Para 8)
Where transfer is refused, husband must bear travel and incidental expenses of wife — Neelam Bhatia v. Satbir Singh Bhatia.
(Para 9)
“It is the wife’s convenience that must be looked at” — Sumita Singh v. Kumar Sanjay.
(Para 10)
Between husband and wife, the convenience of the wife must prevail — Sangeeta @ Shreya v. Prasant Vijay Wargiya.
(Para 11)
D. Family Courts Act — Section 8 — Exclusion of Civil Court Jurisdiction is Area-Specific — High Court’s Power of Transfer under Section 24 CPC Not Barred
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Exclusion under Section 8 Family Courts Act applies only to the “area” where a Family Court is established; civil courts in areas without a Family Court retain matrimonial jurisdiction — V. Sailaja v. V. Koteswara Rao; P. Jayalakshmi v. Revichandran.
(Paras 13–14, extracted portions)
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High Court under Section 24 CPC may transfer:
(i) from one Family Court to another;
(ii) from Family Court to District Court;
(iii) from District Court to Family Court;
(iv) from Family Court to Civil Court in areas where no Family Court exists — No statutory bar.
(Paras 13–14)
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Court prefers the principle laid down in Sailaja’s case over CVM Prasuna on this issue.
(Para 14)
Exclusion under Section 8 Family Courts Act applies only to the “area” where a Family Court is established; civil courts in areas without a Family Court retain matrimonial jurisdiction — V. Sailaja v. V. Koteswara Rao; P. Jayalakshmi v. Revichandran.
(Paras 13–14, extracted portions)
High Court under Section 24 CPC may transfer:
(i) from one Family Court to another;
(ii) from Family Court to District Court;
(iii) from District Court to Family Court;
(iv) from Family Court to Civil Court in areas where no Family Court exists — No statutory bar.
(Paras 13–14)
Court prefers the principle laid down in Sailaja’s case over CVM Prasuna on this issue.
(Para 14)
E. Result
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O.P. No.127/2019 (Rajamahendravaram) withdrawn and transferred to Principal Senior Civil Judge, Kovvur, to be tried along with HMOP No.130/2019; Trial Court directed not to insist on respondent’s presence except when necessary.
(Para 15)
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Transfer Civil Miscellaneous Petition allowed; no costs.
(Para 16)
O.P. No.127/2019 (Rajamahendravaram) withdrawn and transferred to Principal Senior Civil Judge, Kovvur, to be tried along with HMOP No.130/2019; Trial Court directed not to insist on respondent’s presence except when necessary.
(Para 15)
Transfer Civil Miscellaneous Petition allowed; no costs.
(Para 16)
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